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WILLIAMS v. CONTINENTAL OIL CO.

No. 4819.

215 F.2d 4 (1954)

WILLIAMS et al. v. CONTINENTAL OIL CO.

United States Court of Appeals Tenth Circuit.

Rehearing Denied September 22, 1954.

Attorney(s) appearing for the Case

Duke Duvall, Oklahoma City, Okl., and A. G. C. Bierer, Jr., Guthrie, Okl. (G. O. Wallace, Wewoka, Okl., was with them on the brief), for appellants.

Richard W. Fowler, Oklahoma City, Okl. (Richard R. Linn, Oklahoma City, Okl., and R. O. Wilson, Ponca City, Okl., were with him on the brief), for appellee.

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

BRATTON, Circuit Judge.

The only question necessary to be determined on this appeal is whether the trial court erred in refusing to enter an order under Rule of Civil Procedure 34, 28 U.S.C., requiring the defendant to permit the making of a deviational and directional survey of an oil and gas well belonging to the defendant for the purpose of ascertaining whether the underground terminus of the well is in the subsurface of a tract of land belonging to plaintiffs...

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