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  5. 321 P.2d 659 (1956)
 

APPLICATION OF MARTIN

Nos. 36888, 36930.

321 P.2d 659 (1956)

Matter of the Application of M.G. MARTIN et al., for an Order Clarifying Orders Numbered 24158, 24402, 26021, 27218 and 28533 and Directing the Action to be Taken by Applicants, and Shell Oil Company and by E. Constantin, Jr.

Supreme Court of Oklahoma.

Dissenting Opinion October 15, 1957.

Rehearing Denied October 15, 1957.

Application for Leave to File Second Petition for Rehearing Denied February 18, 1958.

Attorney(s) appearing for the Case

Hudson, Hudson & Wheaton, Tulsa, and Looney, Watts, Ross, Looney & Nichols, Oklahoma City, for plaintiff in error.

S.F. Goldwyn, Tulsa, Robinson, Shipp, Robertson & Barnes, Floyd Green, and Mac Q. Williamson, Atty. Gen., Oklahoma City, for defendant in error.

BLACKBIRD, Justice.

Early in 1949 a certain half-section of land now included in the Elk City Field of Western Oklahoma, was unexplored and undeveloped for oil and gas mining purposes, but M.G. Martin and others owned an oil and gas lease thereon. Instead of performing the exploration and development contemplated in said lease, said lessees decided to assign it to E. Constantin,...

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