COTTERAL, Circuit Judge.
This action was brought by the appellant to recover damages for injury from surface waters to his land, comprising 10.66 acres, in Tulsa county, Okl. He complained in his petition that appellee, in constructing a refinery on adjacent premises, built a dam or dump in such manner as to divert the surface water from its normal course to and upon the land of appellant and further to form a pond upon appellant's land. The appellee answered with...
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