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CARTER OIL CO. v. OWEN

No. 20—D.

27 F.Supp. 74 (1939)

CARTER OIL CO. v. OWEN et al.

District Court, E. D. Illinois.

April 10, 1939.

Attorney(s) appearing for the Case

Walter Davison, of Mattoon, Ill., and Harold F. Lindley and W. M. Acton, both of Danville, Ill., for plaintiff.

Bryan, Williams, Cave & McPheeters, of St. Louis, Mo., Baker, Lesemann, Kagy & Wagner, of E. St. Louis, Ill., J. G. Burnside, of Vandalia, Ill., and J. Ivan Cole, of St. Elmo, Ill., for defendants.

LINDLEY, District Judge.

By their motion to dismiss, certain defendants question the sufficiency of the complaint as a statement of a cause of action in equity. Plaintiff avers that it is assignee of an oil lease entered into the 28th day of May, A. D. 1936, whereby Owens, being the owner of certain lands in Fayette County, leased the same to plaintiff's assignor for the production of oil and gas. This lease, executed under seal, duly acknowledged before a notary...

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