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COYNE v. SIMRALL CORPORATION

No. 9596.

140 F.2d 574 (1944)

COYNE et al. v. SIMRALL CORPORATION et al.

Circuit Court of Appeals, Sixth Circuit.

February 10, 1944.

Attorney(s) appearing for the Case

Karl H. Hogan, of Saginaw, Mich., Virgil W. McClintic, of Mount Pleasant, Mich., and Devere Kostoff, of Saginaw, Mich., for appellants.

R. Lee Browning, of Mt. Pleasant, Mich., and William E. Knorr, of Alma, Mich. (R. Lee Browning, of Mount Pleasant, Mich., William E. Knorr, of Alma, Mich., and Donald E. Holbrook, of Clare, Mich., on the brief), for appellee.

Before HAMILTON, MARTIN, and McALLISTER, Circuit Judges.

McALLISTER, Circuit Judge.

The Simrall Corporation filed its complaint against friendly and hostile defendants, asking that the court adjudge a certain provision in an oil lease to be invalid, and for an injunction, accounting, and appointment of a trustee. The district court held that the provision in question, relating to apportionment of royalties under a pro rata, pool arrangement, did not control the rights of subsequent grantees, whose deeds recited that they...

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