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PHILLIPS PETROLEUM CO. v. THRELKELD

No. 2295.

123 F.2d 434 (1941)

PHILLIPS PETROLEUM CO. v. THRELKELD et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied November 28, 1941.

Attorney(s) appearing for the Case

Harry D. Turner, of Oklahoma City, Okl. (Don Emery and Rayburn L. Foster, both of Bartlesville, Okl., and R. B. F. Hummer and E. G. De Parade, both of Oklahoma City, Okl., on the brief), for appellant.

Paul F. Showalter, of Oklahoma City, Okl. (David A. Kline, of Oklahoma City, Okl., and C. B. Memminger, of Atoka, Okl, on the brief), for appellee C. O. Threlkeld.

C. D. Ellison, of Oklahoma City, Okl., for other appellees.

Before BRATTON and HUXMAN, Circuit Judges.

HUXMAN, Circuit Judge.

This case was argued to a court composed of Judges Bratton, Huxman and Williams. After adjournment, Judge Williams concluded that he was disqualified and therefore withdrew from the case. The parties by stipulation agreed that the decision should be rendered by the remaining two members of the court.

The sole question presented is whether there is an intervening strip of land between River Drive Street in Walnut Grove Addition to Oklahoma...

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