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CARTER OIL CO. v. CRUDE OIL CO. (OKLAHOMA)

No. 4493.

201 F.2d 547 (1953)

CARTER OIL CO. et al. v. CRUDE OIL CO. (OKLAHOMA).

United States Court of Appeals Tenth Circuit.

January 12, 1953.

Attorney(s) appearing for the Case

Leon Shipp, Oklahoma City, Okl. (Forrest M. Darrough, Walter Davison, Tulsa, Okl., George T. Montgomery and T. Murray Robinson, Oklahoma City, Okl., were with him on the brief), for appellants.

Richard W. Fowler, Oklahoma City, Okl. (D. A. Richardson, Oklahoma City, Okl., was with him on the brief), for appellee.

Before BRATTON, HUXMAN and MURRAH, Circuit Judges.

HUXMAN, Circuit Judge.

Appellee, Crude Oil Company, commenced this action against appellant, Carter Oil Company, to recover 1/6 of the royalty of oil produced from a well completed September 15, 1927. Recovery was sought of all the oil so produced from the date of the completion of the well to June 28, 1951, the date of the institution of this action, a period of approximately 24 years.

The facts out of which this controversy arose are these. In June, 1924...

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