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SHORE v. SHELL PETROLEUM CORPORATION

Nos. 622-625.

60 F.2d 1 (1932)

SHORE v. SHELL PETROLEUM CORPORATION et al., and three other cases.

Circuit Court of Appeals, Tenth Circuit.

July 7, 1932.

Attorney(s) appearing for the Case

F. Dumont Smith, of Hutchinson, Kan., and H. R. Spencer, of Duluth, Minn. (Eustace Smith, of Hutchinson, Kan., and John Bradley, F. M. Rogers, and H. W. Goodwin, all of Wellington, Kan., on the brief), for appellants.

Truman Post Young, of St. Louis, Mo., John G. Egan, Asst. Atty. Gen. of the state of Kansas, and Benj. F. Hegler, of Wichita, Kan. (Thompson, Mitchell, Thompson & Young and P. G. McElwee, all of St. Louis, Mo., on the brief for the Shell Petroleum Corporation and Shell Pipe Line Corporation; and Roland Boynton, Atty. Gen. of the state of Kansas, on the brief for the members of the Executive Council of the state of Kansas), for appellees.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

LEWIS, Circuit Judge.

The issue in these cases is, Who owns certain portions of the Arkansas River bed in Summer County, Kansas, — the State of Kansas or appellants who claim as riparian proprietors. The bills allege that the river has always been non-navigable in its course through Sumner County, that the state's executive council composed of state officers, including the Governor as a member, had given oil and gas leases on the river bed to some of the appellees...

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