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WALKER v. FELMONT OIL CORPORATION

Nos. 12839, 12838.

240 F.2d 912 (1957)

Henry B. WALKER, Jr., Trustee, et al., Appellants, v. FELMONT OIL CORPORATION, et al., Ohio River Oil Company, et al., Appellees, FELMONT OIL CORPORATION et al., Appellants, v. OHIO RIVER OIL COMPANY, Inc., et al., Appellees.

United States Court of Appeals Sixth Circuit.

February 12, 1957.

Attorney(s) appearing for the Case

Henry B. Walker, Jr., Evansville, Ind. (Henry B. Walker, William D. Powell, Evansville, Ind., and Clarence Bartlett, Owensboro, Ky., on the brief), for Henry B. Walker, Jr., trustee, and others.

Morton J. Holbrook, Owensboro, Ky. (L. Allen Rhoads, Henderson, Ky., on the brief), for Henderson County.

Chat Chancellor, Frankfort, Ky., for State Property & Buildings Commission.

Harry Arnold, Tulsa, Okl., Fred W. File, Mattoon, Ill., Byron, Sandidge & Holbrook, Owensboro, Ky., on the brief for appellants Carter Oil Co. and Felmont Oil Corp.

Jo M. Ferguson, Atty. Gen., M. B. Holifield, Asst. Atty. Gen., on the brief for Commonwealth of Kentucky, and State Property & Buildings Comm.

Funk, Chancellor & Marshall, by Chat Chancellor, Frankfort, Ky., on the brief for Ohio River Oil Co.

William C. Craig, of King & Craig, Henderson, Ky., on the brief for Olen D. Sharp.

Before ALLEN, MILLER and STEWART, Circuit Judges.

SHACKELFORD MILLER, Jr., Circuit Judge.

This declaratory judgment action was filed in the District Court by the plaintiffs-appellants under the provisions of Section 2201, Title 28 U.S.Code, seeking an adjudication of the rights of the plaintiffs as against the defendants therein in certain portions of the bed of the Ohio River that lie north of the thread of the stream, opposite the Kentucky shore.

The controversy arises by reason of the unusual situation...

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