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SHANNON v. SHAFFER OIL & REFINING CO.

No. 292.

51 F.2d 878 (1931)

SHANNON v. SHAFFER OIL & REFINING CO. et al.

Circuit Court of Appeals, Tenth Circuit.

July 13, 1931.

Attorney(s) appearing for the Case

J. M. Springer, of Tulsa, Okl., and C. G. Horner, of Guthrie, Okl., for appellant.

Streeter B. Flynn, of Oklahoma City, Okl. (Frank G. Anderson, of Oklahoma City, Okl., G. Earl Shaffer, of Tulsa, Okl., and R. M. Rainey and Rainey, Flynn, Green & Anderson, all of Oklahoma City, Okl., on the brief), for appellees.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

McDERMOTT, Circuit Judge.

The plaintiff (appellant) owned an eighty-acre tract of land in Oklahoma, upon which defendants held an oil and gas lease. Four wells were drilled thereon in 1925 and 1926 in an effort to produce oil. The land was underlain, in part at least, with two oil and gas bearing sands, the upper being known as the "Bartlesville" and the lower as the "Wilcox." The Wilcox sand was supposedly the more valuable...

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