SINCLAIR PRAIRIE OIL CO. v. THORNLEY

Nos. 2372, 2373.

127 F.2d 128 (1942)

SINCLAIR PRAIRIE OIL CO. v. THORNLEY et al. HALLIBURTON OIL WELL CEMENTING CO. v. THORNLEY.

Circuit Court of Appeals, Tenth Circuit.

March 23, 1942.


Attorney(s) appearing for the Case

Charles E. France, of Oklahoma City, Okl., and W. H. McBrayer, of Tulsa, Okl. (Edward H. Chandler and Summers Hardy, both of Tulsa, Okl., and John H. Miley and Miley, Hoffman, Williams, France & Johnson, all of Oklahoma City, Okl., on the brief), for appellant Sinclair Prairie Oil Co.

Philip N. Landa, of Tulsa, Okl. (Hal Crouch and Chris L. Rhodes, both of Tulsa, Okl., and A. G. Crowe, of Oklahoma City, Okl., on the brief), for appellant Halliburton Oil Well Cementing Co.

V. P. Crowe, of Oklahoma City, Okl. (John Embry, Charles Edward Johnson, and Raymond A. Tolbert, all of Oklahoma City, Okl., and Thomas J. McMahon, of Abilene, Tex., on the brief), for appellee Ludie W. Thornley.

Claude Monnet, of Oklahoma City, Okl. (Mart Brown, of Oklahoma City, Okl., on the brief), for appellee A. D. Engle.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.


HUXMAN, Circuit Judge.

Sinclair Prairie Oil Company1 entered into a written contract with A. D. Engle,2 an independent contractor, in which he agreed to deepen Sinclair's Deatherage No. 1 oil well from 4,186 feet to a depth of 4,360 feet. The contract provided that Sinclair had no direction or control over Engle's employees except in the result to be obtained, and that the work was to be done in a manner to...

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