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PHILLIPS PETROLEUM CO. v. GABLE

No. 2501.

128 F.2d 943 (1942)

PHILLIPS PETROLEUM CO. v. GABLE et al.

Circuit Court of Appeals, Tenth Circuit.

June 15, 1942.

Attorney(s) appearing for the Case

George L. Sneed, Jr., of Bartlesville, Okl. (Don Emery and Rayburn L. Foster, both of Bartlesville, Okl., on the brief), for appellant.

Joe N. Shidler, of Tulsa, Okl. (G. Ellis Gable, of Tulsa, Okl., on the brief), for appellees.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

PHILLIPS, Circuit Judge.

The Dixie Oil and Gas Company1 was the owner of 30 per cent of the working interest in an oil and gas well, known as D. Richards No. 2, located in Pottawatomie County, Oklahoma.

On December 21, 1938, the Phillips Petroleum Company2 entered into a written contract with Dixie whereby Phillips sold to Dixie approximately 4,100 feet of 7inch

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