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PHILLIPS PETROLEUM CO. v. OLDLAND

No. 4149.

187 F.2d 780 (1951)

PHILLIPS PETROLEUM CO. v. OLDLAND et al.

United States Court of Appeals Tenth Circuit.

Rehearing Denied April 5, 1951.

Attorney(s) appearing for the Case

George L. Sneed, Bartlesville, Okl. (Don Emery, Oklahoma City, Okl., R. L. Foster and Harry D. Turner, Bartlesville, Okl., and Gorsuch & Kirgis, Denver, Colo., on the brief), for appellant.

Frank Delaney, Glenwood Springs, Colo. (C. J. Moynihan, Montrose, Colo., and L. H. Larwill, Denver, Colo., on brief), for appellees.

Before BRATTON, MURRAH and PICKETT, Circuit Judges.

MURRAH, Circuit Judge.

This is an appeal from a judgment of the District Court of Colorado on our mandate in Oldland v. Gray, 10 Cir., 179 F.2d 408.

In reversing the former judgment, we held that the 1926 assignment of the original prospecting permit created a trust relationship between the Oldlands as assignors and McLaughlin as assignee; that such relationship was not extinguished by subsequent mutations, and was binding...

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