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CHRISTIANSON v. CHAMPLIN REFINING CO.

No. 3616.

169 F.2d 207 (1948)

CHRISTIANSON et al. v. CHAMPLIN REFINING CO. et al.

Circuit Court of Appeals. Tenth Circuit.

July 14, 1948.

Attorney(s) appearing for the Case

Robert G. Braden, of Wichita, Kan. (W. D. Jochems, J. Wirth Sargent, Emmett A. Blaes, Roetzel Jochems, all of Wichita, Kan., on the brief), for appellants.

E. S. Champlin, of Enid, Okl., and Mark H. Adams, of Wichita, Kan. (Harry O. Glasser and Nathan Scarritt, both of Enid, Okl., Charles E. Jones, of Wichita, Kan., William I. Robinson, of Tulsa, Okl., and J. Ashford Manka, of Wichita, Kan., on the brief), for appellees.

Before PHILLIPS, HUXMAN and MURRAH, Circuit Judges.

HUXMAN, Circuit Judge.

The sole question in this case is whether the inability of an oil operator to connect a producing gas well to a pipe line and thus market the gas within a short time after the drilling of a well works a forfeiture of a lease which provides that: "It is agreed that this lease shall remain in force for a term of ten years from this date, and as long thereafter as the lessee produces oil and gas, or either of them, from said land or the premises...

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