MARKHAM v. KASPER

No. 8782.

152 F.2d 270 (1945)

MARKHAM v. KASPER et al.

Circuit Court of Appeals, Seventh Circuit

December 7, 1945.


Attorney(s) appearing for the Case

O. C. Smith, of Benton, Ill., W. F. Gray, of Springfield, Ill., and George Arthur, of Chicago, Ill., for appellants.

Carter Harrison, of Benton, Ill., Thurlow G. Essington and Hamilton K. Beebe, both of Chicago, Ill., and Charles E. Feirich, of Carbondale, Ill., for appellee Old Ben Coal Corporation.

Harry Temple, of Salem, Ill., for appellee Torbet.

Craig Van Meter and Fred H. Kelly, both of Mattoon, Ill., for appellees Markham and Torbet.

Before EVANS, SPARKS, and KERNER, Circuit Judges.


SPARKS, Circuit Judge.

Defendants appeal from two orders entered by the District Court in a suit by the lessee under an oil and gas lease for an injunction and damages and to quiet his title to the lease.

The first order from which the appeal was taken was entered October 18, 1944, allowing a motion to strike certain paragraphs from the amended answer theretofore filed, and to dismiss the amended crossclaim. The second order, entered January 5, 1945, quashed...

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