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DENKER v. MID-CONTINENT PETROLEUM CORPORATION

No. 499.

56 F.2d 725 (1932)

DENKER v. MID-CONTINENT PETROLEUM CORPORATION.

Circuit Court of Appeals, Tenth Circuit.

March 1, 1932.

Attorney(s) appearing for the Case

Harry O. Glasser, of Enid, Okl., for appellant.

R. H. Wills, of Tulsa, Okl. (J. C. Denton, J. H. Crocker, I. L. Lockewitz, and J. P. Greve, all of Tulsa, Okl., on the brief), for appellee.

Before LEWIS and PHILLIPS, Circuit Judges, and KENNAMER, District Judge.

PHILLIPS, Circuit Judge.

Burchard Denker brought this suit against the Mid-Continent Petroleum Corporation to cancel an oil and gas lease on 160 acres of land entered into between Denker and Bina Denker, his wife, and Joe K. Barker on February 24, 1916. Such lease passed through assignments to the Petroleum Corporation, the present owner thereof.

The habendum clause of the lease reads as follows:

"It is agreed that this lease shall remain in force...

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