GORMAN v. SHAFFER OIL & REFINING CO.

No. 1083.

74 F.2d 610 (1934)

GORMAN et al. v. SHAFFER OIL & REFINING CO. et al.

Circuit Court of Appeals, Tenth Circuit.

December 28, 1934.


Attorney(s) appearing for the Case

Glenn Alcorn and R. W. Raynolds, both of Tulsa, Okl. (A. S. Wells, of Wewoka, Okl., Bob Howe, and Chal Wheeler, on the brief), for appellants.

Hubert Ambrister, of Tulsa, Okl. (W. H. Francis and A. S. Hardwicke, both of Dallas, Tex., and B. B. Blakeney and W. R. Wallace, both of Oklahoma City, Okl., on the brief), for appellee Magnolia Petroleum Co.

Alger Melton, of Chickasha, Okl., for appellees Cutlip and Horsley.

J. H. Maxey, of Tulsa, Okl. (Gibson, Maxey & Holleman, of Tulsa, Okl., on the brief), for appellee Blakeney.

Robert M. Rainey, of Oklahoma City, Okl. (W. F. Semple, of Tulsa, Okl., and Rainey, Flynn, Green & Anderson, of Oklahoma City, Okl., on the brief), for Deep Rock Oil Corporation, successor eo nomine to Shaffer Co.

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


LEWIS, Circuit Judge.

On March 20, 1923, Tal Jones, plaintiff below, gave an oil and gas lease to Shaffer Oil & Refining Company, a Delaware corporation, on land in Seminole county, Oklahoma, described as follows: Lot Two (2) and Lot Three (3) less 20 acres for graveyard of Section 32, Township 8, Range 8, and containing 40.57 acres more or less. Oil was discovered by the lessee in September, 1924. In 1929 this suit was instituted by Jones in the state district...

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