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DILLE v. CARTER OIL CO.

No. 4197.

192 F.2d 791 (1951)

DILLE v. CARTER OIL CO. et al.

United States Court of Appeals Tenth Circuit.

October 31, 1951.

Attorney(s) appearing for the Case

Robert D. Hudson, Tulsa, Okl., (Haskell Paul, Pauls Valley, Okl., and O. C. Essman, Tulsa, Okl., on the brief), for appellant.

Gentry Lee, Bartlesville, Okl., (John M. Winters, Jr., Tulsa, Okl., on the brief), for appellee Zephyr Petroleum Co.

A. W. Trice, Ada, Okl., for appellee W. A. Delaney, Jr.

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

MURRAH, Circuit Judge.

This action was commenced by the Carter Oil Company against Glen S. Dille, W. A. Delaney, Jr. and the Zephyr Drilling Company, for a declaration of the rights of the parties under a contract entered into between Carter, Delaney and Zephyr. When Delaney and Zephyr cross-claimed against codefendant Dille, and Dille stated in open court that he claimed no interest adverse to Carter, the trial court dismissed the action for lack of diversity of...

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