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CARROLL v. MAGNOLIA PETROLEUM COMPANY

No. 15274.

223 F.2d 657 (1955)

J. L. CARROLL and Texas Employers' Insurance Association, Intervenor, v. MAGNOLIA PETROLEUM COMPANY and Sill & Hall.

United States Court of Appeals Fifth Circuit.

Petitions for Rehearing Denied July 20, 1955.

Attorney(s) appearing for the Case

John J. Watts, Odessa, Tex., Gerald Fitz-Gerald, Midland, Tex., for appellant.

Royal H. Brin, Jr., Dallas, Tex., for appellee, Sill & Hall. Strasburger, Price, Kelton, Miller & Martin, Dallas, Tex., of counsel.

James T. Smith, Raymond A. Lynch, William L. Kerr, Midland, Tex., for appellee, Magnolia Petroleum Co., Turpin, Kerr & Smith, Midland, Tex., of counsel.

Before RIVES, Circuit Judge, and DAWKINS and DeVANE, District Judges.

DAWKINS, District Judge.

Magnolia Petroleum Company (herein called Magnolia) was the owner of a mineral lease on certain lands in Upton County, Texas, and desired to drill a well thereon. It contracted with Black Drilling Company for the drilling of the well and turned over the location, which was simply open, flat land. The drilling company in turn contracted with Sill & Hall, a rig-building partnership, for construction of the derrick; but the drilling company...

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