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SPARKS v. MIDSTATES OIL CORPORATION

No. 5643.

251 F.2d 71 (1958)

B. C. SPARKS, Bettie S. Sparks, Wendell D. Sparks and Trudie S. Wymore, Appellants, v. MIDSTATES OIL CORPORATION, Jerrold R. Golding, Mrs. Bernice L. Rose and Jan Marie Golding, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied February 3, 1958.

Attorney(s) appearing for the Case

J. E. Williams, Ardmore, Okl. (E. H. Williams and W. J. Williams, of Williams, Williams & Williams, Ardmore, Okl., were with him on the brief), for appellants.

C. H. Rosenstein, of Rosenstein, Fist & Mesirow, Tulsa, Okl. (Hulette F. Aby, Tulsa, Okl., was with him on the brief), for appellees.

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

PICKETT, Circuit Judge.

The defendants are the owners of an oil and gas lease on a 70 acre farm in Section 30, Township 2 South, Range 2 West, Carter County, Oklahoma. The plaintiffs, as owners of the mineral rights, brought this action to cancel the lease on the ground that the lessees had not diligently developed and operated the leased premises. Ten acre units were established, and commercial wells have been drilled to the shallow sands on six of the seven tracts...

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