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MANHATTAN OIL CO. v. MOSBY

No. 9847.

72 F.2d 840 (1934)

MANHATTAN OIL CO. et al. v. MOSBY.

Circuit Court of Appeals, Eighth Circuit.

September 12, 1934.

Attorney(s) appearing for the Case

Henry L. Jost, of Kansas City, Mo. (H. H. Booth, of Kansas City, Mo., and R. H. Hudson, R. E. Cullison, and C. C. Julien, all of Bartlesville, Okl., on the brief), for appellants.

Byron Spencer, of Kansas City, Mo. (H. M. Langworthy, Frank H. Terrell, and Charles B. Turney, all of Kansas City, Mo., on the brief), for appellee.

Before SANBORN and BOOTH, Circuit Judges, and MUNGER, District Judge.

SANBORN, Circuit Judge.

During the spring and summer of 1926, George A. Mosby, the appellee, who will be referred to as plaintiff, was fattening a large number of cattle upon his ranch in Greenwood county, Kan. The appellants, Manhattan Oil Company, Phillips Petroleum Company, and Empire Gas & Fuel Company, were drilling for and producing oil on land adjacent to and east of the Mosby ranch and on a small portion of the ranch itself. The drainage from the lands...

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