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KINGWOOD OIL COMPANY v. BELL

No. 11672.

244 F.2d 115 (1957)

KINGWOOD OIL COMPANY, Plaintiff-Appellant, v. Kenneth C. BELL, Beatrice Mary Bell, Helen Wilson Bell, Louise Bell Good, Calvin Good, and The Texas Company, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied June 5, 1957.

Attorney(s) appearing for the Case

Leigh M. Kagy, John M. Ferguson, East St. Louis, Ill., Wirt L. Harris, Clovis A. McKenzie, Oklahoma City, Okl., for plaintiff-appellant. Baker, Kagy & Wagner, East St. Louis, Ill., of counsel.

Charles M. Spence, Joseph P. Logan, St. Louis, Mo., Ray M. Foreman, Danville, Ill., Enos L. Phillips, Urbana, Ill., Philip R. Wimbish, Tulsa, Okl., Richard H. Eagleton, Eagleton & Newlin, Robinson, Ill., for defendants-appellees other than Texas Co. Thompson, Mitchell, Thompson & Douglas, St. Louis, Mo., Foreman, Meachum & Clapper, Danville, Ill., of counsel.

Before DUFFY, Chief Judge, and MAJOR and LINDLEY, Circuit Judges.

DUFFY, Chief Judge.

This case is here for the second time. Plaintiff seeks a declaratory judgment that it is obligated to pay only half the cost of secondary recovery methods of oil and gas allocated to the leases involved, and that the heirs and assignees of William Bell are obligated to pay the other half.

The District Court granted a motion to dismiss the amended complaint. This Court reversed, Kingwood Oil Co...

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