CARTER OIL CO. v. WELKER

Nos. 6856, 6861.

112 F.2d 299 (1939)

CARTER OIL CO. v. WELKER et al. (two cases).

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 19, 1940.


Attorney(s) appearing for the Case

Harold F. Lindley, of Danville, Ill., Walter Davison, of Mattoon, Ill., and Henry I. Green, of Urbana, Ill., for appellant Carter Oil Co.

Paul J. Wimsey, of Chicago, Ill., Everett L. Dalbey and Ray M. Foreman, both of Danville, Ill., Will P. Welker, of Vandalia, Ill., and William M. Acton, of Danville, Ill., for appellees.

Before SPARKS, TREANOR, and KERNER, Circuit Judges.


SPARKS, Circuit Judge.

The Carter Oil Company appeals from a decree dismissing for want of equity its suit to enjoin appellees from drilling for oil and gas on certain premises claimed by appellant by virtue of a lease to itself. Appellees counterclaimed with a prayer that the lease upon which appellant based its claim be amended to exclude the premises in dispute, and that appellees' title to those premises be quieted and confirmed in themselves.

This appeal...

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