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CARTER OIL CO. v. MYERS

No. 6835.

105 F.2d 259 (1939)

CARTER OIL CO. v. MYERS et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied July 28, 1939.

Attorney(s) appearing for the Case

F. E. Riddle, of Tulsa, Okl., and J. G. Burnside, of Vandalia, Ill., for appellants.

L. G. Owen, of Tulsa, Okl., and Walter Davison, Craig Van Meter, and Fred H. Kelly, all of Mattoon, Ill., for appellee.

Before SPARKS, MAJOR, and KERNER, Circuit Judges.

SPARKS, Circuit Judge.

This appeal is from a decree of the District Court permanently enjoining appellants from drilling or endeavoring to drill for oil upon certain described premises, title to which the court found to have been in appellee's lessors subject to an easement for a public highway at the time of the execution of an oil and gas lease to appellee.

The question presented by the appeal is the construction of a certain instrument executed December...

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