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CITIES SERVICE OIL CO. v. ROBERTS

No. 720.

62 F.2d 579 (1933)

CITIES SERVICE OIL CO. v. ROBERTS.

Circuit Court of Appeals, Tenth Circuit.

January 5, 1933.

Attorney(s) appearing for the Case

Warren T. Spies, of Bartlesville, Okl. (James W. Finley and Hayes McCoy, both of Bartlesville, Okl., on the brief), for appellant.

L. F. Roberts and Ralph A. Barney, both of Pawhuska, Okl., for appellee.

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

McDERMOTT, Circuit Judge.

The chancellor below, at the instance of the owner of an adjacent home, enjoined the use of a corner lot for filling station purposes. The oil company appeals on the ground that the facts specifically found do not warrant the conclusion drawn.

The appellant purchased a residence property in the town of Pawhuska, which has a population of around 5,000 people, but which has no zoning ordinance. The oil company proposed to wreck the...

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