MAIER v. CONTINENTAL OIL CO.

No. 7423.

120 F.2d 237 (1941)

MAIER v. CONTINENTAL OIL CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied May 17, 1941.


Attorney(s) appearing for the Case

Wm. H. Zwick, of Ponca City, Okl., T. Morton McDonald and Douglas H. McDonald, both of Princeton, Ind., and Joseph H. Iglehart, of Evansville, Ind., for appellant.

A. K. Swann, of Evansville, Ind., and Claude A. Smith, Arthur S. Wilson, S. L. Vandeveer, and Earl Kintner, all of Princeton, Ind., for appellee.

Before MAJOR and KERNER, Circuit Judges, and BRIGGLE, District Judge.


KERNER, Circuit Judge.

Plaintiff-appellee brought an action against the defendant-appellant seeking cancellation of an oil and gas lease. Defendant-appellant filed a counterclaim in which it sought a declaratory judgment upholding the validity of the lease. The case was tried by the court without a jury. A decree was rendered cancelling the lease. To reverse the decree defendant-appellant appeals.

Appellee was the owner of more than 2,500 acres of land in...

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