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PHILLIPS PETROLEUM CO. v. CHILDRESS

No. 1211.

78 F.2d 861 (1935)

PHILLIPS PETROLEUM CO. v. CHILDRESS.

Circuit Court of Appeals, Tenth Circuit.

August 5, 1935.

Attorney(s) appearing for the Case

R. B. F. Hummer, of Oklahoma City, Okl. (R. H. Hudson, of Bartlesville, Okl., and Franklin E. Kennamer, Jr., of Tulsa, Okl., on the brief), for appellant.

Richard A. Billups, of Oklahoma City, Okl. (J. O. Cooke and Richard A. Billups, Jr., both of Oklahoma City, Okl., on the brief), for appellee.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

LEWIS, Circuit Judge.

The defendant, Phillips Petroleum Company, had a community oil lease on a city block immediately south of 23rd Street in Oklahoma City. It used the alley to reach its well in the block. The alley was paved with brick where the sidewalk on the south side of 23rd Street crossed. The condition of the brick crosswalk became more or less bad, due to the heavy traffic to and from the site of the well, and for that or some other reason of its own the...

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