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LIVINGSTON v. INDIAN TERRITORY ILLUMINATING OIL CO.

No. 1504.

91 F.2d 833 (1937)

LIVINGSTON v. INDIAN TERRITORY ILLUMINATING OIL CO.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied October 8, 1937.

Attorney(s) appearing for the Case

V. R. Biggers and W. W. Pryor, both of Wewoka, Okl., and Hugh M. Sandlin, of Holdenville, Okl., for appellant.

W. P. McGinnis, Fred M. Carter, and Donald Prentice, all of Bartlesville, Okl., and Samuel H. Riggs, of Tulsa, Okl., for appellee.

Before PHILLIPS and BRATTON, Circuit Judges, and KENNEDY, District Judge.

BRATTON, Circuit Judge.

This is an action to recover $4,000 as rental for use of the surface of 120 acres of land situated in the Seminole oil field in Oklahoma for the years 1930 to 1933, inclusive. Reference will be made to the parties as they appeared in the court below.

Plaintiff executed and delivered to defendant two leases covering the land. The first was a mineral lease, dated December 26, 1923. It granted and demised the premises "for the sole and...

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