CARTER OIL CO. v. McCASLAND

No. 4210.

190 F.2d 887 (1951)

CARTER OIL CO. v. McCASLAND et al.

United States Court of Appeals Tenth Circuit.

Rehearing Denied August 17, 1951.


Attorney(s) appearing for the Case

Alfred Stevenson, Holdenville, Okl. (Forrest M. Darrough and Walter Davison, Tulsa, Okl., on the brief), for appellant.

C. D. Cund, Duncan, Okl., and Clarence McElroy, Chickasha, Okl., for appellees.

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


HUXMAN, Circuit Judge.

This was an action for a declaratory judgment, in which appellees sought a declaration of rights between them and appellants under a contract and an assignment, assigning to appellees certain rights in and to oil and gas producing horizons encountered at a depth of less than 4,000 feet. The acreage covered by the contract and assignment was classified, in the contract and is so designated in the pleadings, into four Tracts numbered 1 to 4, respectively...

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