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MAGNOLIA PETROLEUM COMPANY v. CARTER OIL COMPANY

No. 4801.

218 F.2d 1 (1954)

MAGNOLIA PETROLEUM COMPANY, a Texas corporation, Appellant, v. The CARTER OIL COMPANY, a West Virginia corporation, and State of Oklahoma, ex rel. Commissioners of the Land Office, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied February 11, 1955.

Attorney(s) appearing for the Case

James E. Horigan, Oklahoma City, Okl. (Earl A. Brown and Chas. B. Wallace, Dallas, Tex., were with him on the brief), for appellant.

Lynn Adams, Oklahoma City, Okl. (Forrest M. Darrough and A. L. Deaton, Tulsa, Okl., and Paul H. Long, Oklahoma City, Okl., were with him on the brief), for appellee Carter Oil Co.

A. M. DeGraffenried, Oklahoma City, Okl. (R. H. Dunn, Oklahoma City, Okl., was with him on the brief), for appellee Commissioners of Land Office of State of Oklahoma.

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

MURRAH, Circuit Judge.

Magnolia Petroleum Company appeals from a judgment quieting title in the Commissioners of the Land Office of the State of Oklahoma as the owner of the fee simple title and in The Carter Oil Company as the owner of oil and gas leases executed to it by the Commissioners covering land forfeited to the Commissioners by defaulted certificate of purchase holders. Magnolia counterclaimed to the quiet title action instituted by Carter, interpleading...

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