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BERRYMAN v. SINCLAIR PRAIRIE OIL CO.

No. 3489.

164 F.2d 734 (1947)

BERRYMAN et al. v. SINCLAIR PRAIRIE OIL CO.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied January 12, 1948.

Attorney(s) appearing for the Case

Russell Moore and Austin M. Cowan, both of Wichita, Kan. (W. A. Kahrs and Robert H. Nelson, both of Wichita, Kan., on the brief), for appellants.

George Siefkin, of Wichita, Kan. (Edward H. Chandler and Ralph W. Garrett, both of Tulsa, Okl., and Robert C. Foulston, of Wichita, Kan., on the brief), for appellee.

Before PHILLIPS, BRATTON and HUXMAN, Circuit Judges.

HUXMAN, Circuit Judge.

This was an action instituted in the United States District Court for the District of Kansas in the nature of a quiet title suit to remove the cloud of an oil and gas lease alleged to have been forfeited from plaintiffs' land located in Ellis County, Oklahoma, and for damages claimed to have resulted from permitting the alleged void lease to have remained of record. Trial was had to the court. At the conclusion of plaintiffs' evidence, the court...

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