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ADKINS v. ADAMS

No. 8689.

152 F.2d 489 (1945)

ADKINS et al. v. ADAMS et al.

Circuit Court of Appeals, Seventh Circuit.

December 21, 1945.

Attorney(s) appearing for the Case

Frank E. Trobaugh, of West Frankfurt, Ill., Moses Pulverman, of Benton, Ill., and Owen Rall and Tim G. Lowry, both of Chicago, Ill. (Eckert & Peterson, of Chicago, Ill., of counsel), for appellants.

Charles E. Feirich and John K. Feirich, both of Carbondale, Ill., J. G. Van Keuren, of Du Quoin, Ill., Thurlow G. Essington and Hamilton K. Beebe, both of Chicago, Ill., and Carter Harrison, of Benton, Ill., for appellees.

Before EVANS, MAJOR, and KERNER, Circuit Judges.

KERNER, Circuit Judge.

This appeal involves a controversy over the right to drill for oil upon a forty-acre tract of land in Franklin County, Ill. The complaint affirmatively shows the existence of diversity of citizenship and the requisite jurisdictional amount. By the complaint plaintiffs sought an adjudication that the right to the oil was in the plaintiff Adkins.

The case was tried by the court without a jury. The court made special findings of fact, rendered...

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