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COLBY v. CITIES SERVICE OIL COMPANY

No. 5707.

254 F.2d 665 (1958)

Joe COLBY and Walter Colby, Appellants, v. CITIES SERVICE OIL COMPANY, a Delaware corporation, and Sinclair Oil & Gas Company, a Maine corporation, Appellees.

United States Court of Appeals Tenth Circuit.

April 8, 1958.

Attorney(s) appearing for the Case

G. C. Spillers, Jr., Tulsa, Okl. (G. C. Spillers, Tulsa, Okl., Fred A. Tillman and John W. Tillman, Pawhuska, Okl., were with him on the brief), for appellants.

Truman B. Rucker, Tulsa, Okl. (Gentry Lee and L. L. Corn, Bartlesville, Okl., were with him on the brief), for appellee Cities Service Oil Co. (Angus A. Davidson and James McGowan, Tulsa, Okl., were with him on the brief), for appellee Sinclair Oil & Gas Co.

Before BRATTON, Chief Judge, PICKETT, Circuit Judge, and RICE, District Judge.

PICKETT, Circuit Judge.

The plaintiffs brought this action to recover damages to the value of their farm lands allegedly caused by the defendants in allowing salt water, resulting from the operation of oil wells, to pollute the water underlying their lands. This is an appeal from a judgment in favor of the defendants.

The complaint alleges that plaintiffs' farm is located in Osage County, Oklahoma, adjacent to the...

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