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SHELL PETROLEUM CORPORATION v. SHORE

Nos. 925, 926.

72 F.2d 193 (1934)

SHELL PETROLEUM CORPORATION v. SHORE et ux. SHORE et ux. v. SHELL PETROLEUM CORPORATION.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied September 24, 1934.

Attorney(s) appearing for the Case

John M. Holmes, of St. Louis, Mo. (Thompson, Mitchell, Thompson & Young, of St. Louis, Mo., on the brief), for Shell Petroleum Corporation.

Charles G. Yankey, of Wichita, Kan. (Harvey C. Osborne, John G. Sears, Jr., and Verne M. Laing, all of Wichita, Kan., and E. J. Taggart and John Bradley, both of Wellington, Kan., on the brief), for William and Hattie May Shore.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.

BRATTON, Circuit Judge.

William Shore and Hattie May Shore, husband and wife, instituted this suit against Shell Petroleum Corporation for the recovery of damages. The Shores executed an oil and gas lease to Roxana Petroleum Corporation on August 8, 1923, covering 200 acres of land in a compact body situated in Sumner county, Kan. The lease contained a covenant of warranty of title, the usual royalty provision of one-eighth, and was for a period of five years from...

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