SHELL PETROLEUM CORPORATION v. SHOENFELT

No. 1303.

80 F.2d 783 (1935)

SHELL PETROLEUM CORPORATION v. SHOENFELT.

Circuit Court of Appeals, Tenth Circuit.

December 26, 1935.


Attorney(s) appearing for the Case

Thompson, Mitchell, Thompson & Young and John M. Holmes, all of St. Louis, Mo., for appellant.

Chas. G. Yankey, 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., for appellees.

Before LEWIS, PHILLIPS, and BRATTON, Circuit Judges.


BRATTON, Circuit Judge.

This is an appeal from a judgment dismissing plaintiff's petition without prejudice. The action was instituted to recover damages for an alleged breach of an implied covenant in an oil and gas lease to drill offset wells. Defendant sought no affirmative relief. William Shore and wife instituted a similar action against the same defendant involving the same lease. The two cases were alike in issues of...

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