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GUTOWSKY v. JONES

No. 3890.

178 F.2d 60 (1949)

GUTOWSKY v. JONES et al.

United States Court of Appeals Tenth Circuit.

Rehearing Denied December 19, 1949.

Attorney(s) appearing for the Case

Paul Brown, Oklahoma City, Okl., for appellant.

C. R. Nixon and F. C. Swindell, Tulsa, Okl. (Logan Stephenson Tulsa, Okl., on the brief), for appellees.

Before PHILLIPS, Chief Judge, and BRATTON and HUXMAN, Circuit Judges.

HUXMAN, Circuit Judge.

In 1942, A. (Ace) Gutowsky had acquired oil and gas leases on approximately 8000 acres of land in what is now known as the West Edmond Oil Field in Oklahoma. The consideration for these leases, at least in part, required Gutowsky to drill a well on the acreage by a certain time. Shortly before the expiration time for the commencement of drilling operations, he staked a location and erected a rig on one of the leases. Gutowsky was without funds...

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