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CARTER OIL CO. v. McCASLAND

No. 4665.

207 F.2d 728 (1953)

CARTER OIL CO. v. McCASLAND et al.

United States Court of Appeals Tenth Circuit.

Rehearing Denied November 20, 1953.

Attorney(s) appearing for the Case

Alfred Stevenson, Holdenville, Okl., (Villard Martin, Garrett Logan, Forrest M. Darrough and Walter Davison, Tulsa, Okl., were with him on the brief), for appellant.

Clarence McElroy, Chickasha, Okl., and C. D. Cund, Duncan, Okl. (R. H. Brown, Duncan, Okl., and Owen Vaughn, Chickasha, Okl., were with him on the brief), for appellees.

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

HUXMAN, Circuit Judge.

This case is a sequel to the case of Carter Oil Company v. McCasland, decided by this court and reported in 190 F.2d 887. The facts are fully set out in our former opinion and only brief reference will be made thereto in this opinion. It is sufficient to say that Carter assigned to McCasland its right in certain leases insofar as they covered producing horizons above a depth of 4,000 feet. The producing horizon...

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