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PEN-KEN GAS & OIL CORP. v. WARFIELD NATURAL GAS CO.

No. 9334.

137 F.2d 871 (1943)

PEN-KEN GAS & OIL CORPORATION v. WARFIELD NATURAL GAS CO.

Circuit Court of Appeals, Sixth Circuit.

Rehearing Denied August 31, 1943.

Attorney(s) appearing for the Case

Gilbert F. Wagner, of Chicago, Ill., for appellant.

Harold A. Ritz, of Charleston, W.Va. (Dysard & Dysard, of Ashland, Ky., Wells & Wells, of Paintsville, Ky., and S. S. Willis, of Ashland, Ky., on the brief), for appellee.

Before SIMONS, ALLEN, and HAMILTON, Circuit Judges.

HAMILTON, Circuit Judge.

Appellant, plaintiff below, in its complaint alleged that it was the owner of a parcel of real estate lying in the counties of Knott, Floyd and Pike in the Commonwealth of Kentucky, consisting of approximately 300,000 acres and that its title to said lands grew out of an original grant issued February 16, 1797, to Benjamin Haskell by the Commonwealth of Virginia, and that beginning in 1930 and ever since, appellee, the Warfield Natural Gas...

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