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REES v. BRISCOE

No. 37258.

315 P.2d 758 (1957)

Kenneth W. REES and Earl A. Rodkey, Plaintiffs in Error, v. Powel BRISCOE, E.F. Briscoe, and Powel Briscoe, Inc., a corporation, Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied September 10, 1957.

Application for Leave to File Second Petition for Rehearing Denied October 1, 1957.

Attorney(s) appearing for the Case

Merle G. Smith, A.G.C. Bierer, Jr., Bierer & Moser, Guthrie, for plaintiffs in error.

Robinson, Shipp, Robertson & Barnes, Oklahoma City, for defendants in error.

Geo. N. Otey, T.G. Johnson, R. Rhys Evans, Ardmore, Embry, Crowe, Tolbert, Boxley & Johnson, C. Harold Thweatt, Oklahoma City, amici curiae.

HALLEY, Justice.

This is an action by Kenneth W. Rees and Earl Rodkey against Powel Briscoe, E.F. Briscoe and Powel Briscoe, Inc., to establish by constructive trust an overriding royalty interest in the working interest of defendants in a producing oil and gas lease. The parties will be referred to by name or as plaintiffs and defendants as they appeared in the trial court.

We shall set out a summary of the facts...

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