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SHELL PETROLEUM CORPORATION v. HOLLOW

No. 929.

70 F.2d 811 (1934)

SHELL PETROLEUM CORPORATION et al. v. HOLLOW et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied May 28, 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 appellants.

Thomas F. Shea, of Tulsa, Okl. (Harlan S. Trower, of Tulsa, Okl., and Charles G. Yankey, Harvey C. Osborne, John G. Sears, Jr., and Verne M. Laing, all of Wichita, Kan., on the brief), for appellees.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.

BRATTON, Circuit Judge.

This controversy involves conflicting claims to the mineral rights in one acre of land situated in the northeast corner of a described quarter section in Harvey county, Kan. Jacob H. Ediger, owner of the quarter section, joined by his wife, executed a deed in 1901 conveying the acre, being rectangular in shape and 10 rods by 16 rods in dimension, to School District No. 29. The deed contained the following provision: "Said real estate is deeded...

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