KANSAS CITY SOUTHERN RY. CO. v. MARIETTA OIL CORP.

No. 8790.

102 F.2d 603 (1939)

KANSAS CITY SOUTHERN RY. CO. v. MARIETTA OIL CORPORATION et al.

Circuit Court of Appeals, Fifth Circuit.

March 23, 1939.


Attorney(s) appearing for the Case

Edward S. Klein, W. Scott Wilkinson, and C. Huffman Lewis, all of Shreveport, La., for appellant.

Elmo P. Lee and J. D. Barksdale, both of Shreveport, La., for appellees.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


HUTCHESON, Circuit Judge.

The suit was for an injunction to prevent entry upon, to drill for oil on, the railroad right of way.

The claim was (1) that defendant had no right of any kind to the land, and therefore none to prospect for oil or other minerals underlying it, and (2) that if it did have, such rights were held subject to the exclusive right of plaintiff to possess the right of way for railroad purposes.

The defense was (1) that defendant...

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