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SAULSBURY OIL CO. v. PHILLIPS PETROLEUM CO.

Nos. 2770, 2771.

142 F.2d 27 (1944)

SAULSBURY OIL CO. v. PHILLIPS PETROLEUM CO. et al. PHILLIPS PETROLEUM CO. et al. v. SAULSBURY OIL CO.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied May 1, 1944.

Attorney(s) appearing for the Case

F. H. McGregor, of Amarillo, Tex., for Saulsbury Oil Co.

Warren M. Sparks, of Amarillo, Tex., and Rayburn L. Foster, of Bartlesville, Okl. (Don Emery, of Bartlesville, Okl., and E. H. Foster, of Amarillo, Tex., on the brief), for Phillips Petroleum Co.

D. H. Culton, of Amarillo, Tex., amicus curiae.

Before PHILLIPS and BRATTON, Circuit Judges, and KENNEDY, District Judge.

PHILLIPS, Circuit Judge.

On September 5, 1933, Saulsbury Oil Company1 was the owner of oil and gas leases on five tracts of land situated in Gray County, Texas. On that date, Saulsbury entered into a contract with Phillips Petroleum Company,2 whereby Saulsbury agreed to drill six wells on the tracts covered by such leases and Phillips agreed to furnish the drilling rigs and equipment with which to drill and...

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