SKELLY OIL CO. v. PHILLIPS PETROLEUM CO.

No. 3751.

174 F.2d 89 (1949)

SKELLY OIL CO. et al. v. PHILLIPS PETROLEUM CO.

United States Court of Appeals Tenth Circuit.

Rehearing Denied May 9, 1949.


Attorney(s) appearing for the Case

Charles L. Black, of Austin, Tex., and W. P. Z. German and Hawley C. Kerr, both of Tulsa, Okl. (Alvin F. Molony, Donald Campbell and Ray S. Fellows, all of Tulsa, Okl., Dan Moody, of Austin, Tex., and Walace Hawkins and Earl A. Brown, both of Dallas, Tex., on the brief), for appellants.

George L. Sneed, of Madill, Okl., and Harry D. Turner, of Oklahoma City, Okl. (Don Emery, Rayburn L. Foster and R. B. F. Hummer, all of Bartlesville, Okl., S. E. Floren, Jr., of Oklahoma City, Okl. and Eugene O. Monnet, and Jack N. Hays, both of Tulsa, Okl., on the brief), for appellee.

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


PHILLIPS, Chief Judge.

Phillips Petroleum Company and Michigan-Wisconsin Pipe Line Company1 brought this action against Skelly Oil Company, Stanolind Oil and Gas Company, and Magnolia Petroleum Company2 for a declaratory judgment. From a judgment in favor of the plaintiffs, the defendants have appealed.

Federal jurisdiction is challenged. Hence, we must examine the allegations of the complaint. The...

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