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BRANNAN v. SOHIO PETROLEUM COMPANY

No. 5393.

248 F.2d 316 (1957)

R. BRANNAN and Bessie Brannan, Appellants, v. SOHIO PETROLEUM COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

On Petition for Rehearing September 7, 1957.

Attorney(s) appearing for the Case

George N. Otey, Ardmore, Okl. (Otey, Johnson & Evans, Ardmore, Okl., on the brief), for appellants.

C. Harold Thweatt, Oklahoma City, Okl. (Embry, Crowe, Tolbert, Boxley & Johnson, Oklahoma City, Okl., on the brief), for appellee.

Before BRATTON, Chief Judge, and HUXMAN and PICKETT, Circuit Judges.

BRATTON, Chief Judge.

R. Brannan and Bessie Brannan instituted this action against Sohio Oil Company to establish and enforce an equitable trust to an overriding royalty interest in an oil and gas leasehold. The action was filed in the state court and was seasonably removed to the United State Court on the ground of diversity of citizenship with the requisite amount in controversy. Stripped of legal inferences and conclusions, the petition alleged these facts. Under...

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