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ARGO OIL CORPORATION v. LATHROP

Nos. 9496-9497.

72 N.W.2d 431 (1955)

ARGO OIL CORPORATION, a corporation, Plaintiff and Appellant, The State of South Dakota, Defendant and Appellant, v. Edwin A. LATHROP, also known as Edwin Alvin Lathrop, Floyd O. Gabriel, also known as F. O. Gabriel; Tressa B. Gabriel, also known as Tressa Bell Gabriel; J. L. O'Connell; Kerr-McGee Oil Industries, Inc., a corporation; Phillips Petroleum Company, a corporation; The Federal Land Bank of Omaha, a corporation, Defendants and Respondents.

Supreme Court of South Dakota.

Rehearing Denied November 19, 1955.

Attorney(s) appearing for the Case

Eastman & Eastman, Rapid City for appellant Argo Oil Corp.

Ralph A. Dunham, Atty. Gen., Benj. D. Mintener, W. O. Knight, Asst. Attys. Gen., for appellant State of South Dakota.

T. E. Wirkus, Philip, for respondents, Floyd O. and Tressa B. Gabriel.

Whiting, Wilson & Lynn, Rapid City, for respondents, J. L. O'Connell, Kerr-McGee Oil Industries, Inc., and Phillips Petroleum Co.

Otto A. Gruhn, Omaha, for respondent Federal Land Bank of Omaha.

SICKEL, Judge.

This is an action brought by Argo Oil Corporation, plaintiff and appellant, to determine the ownership of the mineral rights in property situated in Pennington County. The State of South Dakota, defendant, answered claiming to be the owner of all the oil, gas and mineral rights in the land subject only to the rights of the plaintiff under a mineral lease executed by the Rural Credit Board, a department of the state government, to R. E. Driscoll, Jr...

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