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CHAMPLIN REFINING CO. v. PHILLIPS PETROLEUM CO.

No. 35904.

269 P.2d 993 (1954)

CHAMPLIN REFINING CO. v. PHILLIPS PETROLEUM CO. et al.

Supreme Court of Oklahoma.

April 27, 1954.

Attorney(s) appearing for the Case

Nathan Scarritt, E.S. Champlin, D.J. Oven, Jr., Enid, T. Murray Robinson, Oklahoma City, for plaintiff in error.

Rayburn L. Foster, Harry D. Turner, D.E. Hodges, Bartlesville, Edward Howell, Oklahoma City, for defendants in error.

George W. Cunningham, Ralph W. Garrett, R.H. Wills, Forrest M. Darrough, John Rogers, George H. Bowen, Hawley C. Kerr, Ray S. Fellows, Tulsa, amici curiae.

O'NEAL, Justice.

A brief chronological statement of the previous litigation between the parties involving the oil and gas lease and the production therefrom will assist in an understanding of the case at hand.

In 1943, the State of Oklahoma, acting through the Commissioners of the Land Office, executed an oil and gas lease to the Champlin Refining Company, hereinafter referred to as Champlin, which lease purported to cover a tract of land described as the...

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