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ADKINS v. ARSHT

Civil Action No. 253-D.

50 F.Supp. 761 (1943)

ADKINS v. ARSHT et al.

District Court, E. D. Illinois.

August 11, 1943.

Attorney(s) appearing for the Case

C. E. Feirich, of Carbondale, Ill., J. G. Van Keuren, of DuQuoin, Ill., Essington, Beebe & Pratt, of Chicago, Ill., and Roy C. Martin and Carter Harrison, both of Benton, Ill., for C. W. & F. Coal Co.

Hickman & Hickman, of Benton, Ill., for McKemie heirs, defendants in counterclaim.

Frank E. Trobaugh and Stephen E. Brondos, both of West Frankfort, Ill., for defendants.

LINDLEY, District Judge.

Plaintiff seeks to enjoin defendants from drilling an oil well on some five acres of land in Franklin County and to cancel an adverse oil lease. Plaintiff avers and the proof discloses that the land was originally owned in fee simple by Lou McKemie; that on September 18, 1926, she and Thomas McKemie, her husband, conveyed the property by warranty deed to August Chaniot, "excepting all the coal, oil, gas and other minerals underlying same together...

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