RICE OIL CO. v. ATLAS ASSUR. CO.

No. 8853.

102 F.2d 561 (1939)

RICE OIL CO. et al. v. ATLAS ASSUR. CO., Limited.

Circuit Court of Appeals, Ninth Circuit.

March 13, 1939.


Attorney(s) appearing for the Case

R. H. Glover, S. B. Chase, Jr., and John D. Stephenson, all of Great Falls, Mont., for appellants.

I. W. Church and Art Jardine, both of Great Falls, Mont., for appellee.

Before WILBUR, GARRECHT, and HANEY, Circuit Judges.


GARRECHT, Circuit Judge.

In 1926, appellants Rice Oil Company and Fulton Oil Company, who were extensively engaged in gas and oil production in the State of Montana under operating agreements with and leases from various persons, sold certain leases and buildings, structures, tanks and equipment thereon, to Marine Corporation for $1,000,000.00 in cash and $2,000,000.00 to be paid out of net oil.

It was provided in said contract that there was expressly reserved...

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