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OLDLAND v. GRAY

No. 3907.

179 F.2d 408 (1950)

OLDLAND et al. v. GRAY et al.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied February 3, 1950.

Attorney(s) appearing for the Case

Frank Delaney, Glenwood Springs, Colo., and C. J. Moynihan, Montrose, Colo. (L. H. Larwill, Denver, Colo., was with them on the brief), for appellants.

Jean S. Breitenstein, Denver, Colo. (Mitchell Benedict, Denver, Colo., was with him on brief), for appellees Nellie Ione Gray, Evelyn Levison and A. C. McLaughlin.

Frederic L. Kirgis, Denver, Colo. (Don Emery, Rayburn L. Foster, R. B. F. Hummer, George L. Sneed, Jr., Bartlesville, Okl. and Roscoe Walker, Jr., Denver, Colo., were with him on brief), for appellee Phillips Petroleum Company.

Before BRATTON, MURRAH and PICKETT, Circuit Judges.

MURRAH, Circuit Judge.

The appellants, referred to in the record and briefs as the Oldland Group, brought this suit in a Colorado State Court against the appellees, to establish their overriding royalty interest in an oil and gas lease owned and operated by the appellee Phillips Petroleum Company, by assignment from appellees Gray and Levison, who obtained it by quitclaim deed from appellee McLaughlin; and to impress a trust upon such royalty interest in the hands...

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