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SILURIAN OIL CO. v. ESSLEY

No. 496.

54 F.2d 43 (1931)

SILURIAN OIL CO. v. ESSLEY.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied January 4, 1932.

Attorney(s) appearing for the Case

Merrick A. Whipple, of Tulsa, Okl. (O. C. Essman, of Tulsa, Okl., on the brief), for appellant.

Frank T. McCoy, of Pawhuska, Okl. (Felix A. Bodovitz, of Tulsa, Okl., and John T. Craig, of Pawhuska, Okl., on the brief), for appellee.

Before PHILLIPS and McDERMOTT, Circuit Judges, and POLLOCK, District Judge.

McDERMOTT, Circuit Judge.

The appellee, an Osage allottee, owns 120 acres of land upon which 24 oil wells have been drilled. The land was included in the Foster lease of 1896; the appellant acquired an interest in the lease in 1909, and executed a renewal lease in 1916, and has been operating the property since. For each well drilled under the 1916 lease, the lessee paid the owner of the surface a location fee, provided for by the lease, which compensated the owner...

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