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UTILITIES PRODUCTION CORPORATION v. CARTER OIL CO.

Nos. 874, 875.

72 F.2d 655 (1934)

UTILITIES PRODUCTION CORPORATION v. CARTER OIL CO. CARTER OIL CO. v. UTILITIES PRODUCTION CORPORATION.

Circuit Court of Appeals, Tenth Circuit.

August 4, 1934.

Attorney(s) appearing for the Case

Elmer J. Lundy, of Tulsa, Okl. (Francis E. Matthews and Joseph R. Harmon, both of Chicago, Ill., and Poe, Lundy & Morgan, of Tulsa, Okl., on the brief), for Utilities Production Corporation.

James A. Veasey, of Tulsa, Okl. (S. J. Montgomery, of Tulsa, Okl., on the brief), for Carter Oil Co.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.

McDERMOTT, Circuit Judge.

Under the Osage Indian Allotment Act (Act of June 28, 1906, 34 Stat. 539) the minerals were reserved to the Tribe, leases thereof to be made by the tribal council and approved by the Secretary of the Interior. The Utilities Production Corporation, plaintiff below and herein referred to as the gas lessee, owns the lease of the gas rights in 166,400 acres. The Carter Oil Company, defendant below and herein referred to as the oil lessee, owns...

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