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CITIES SERVICE OIL COMPANY v. ADAIR

No. 6128.

273 F.2d 673 (1959)

CITIES SERVICE OIL COMPANY, a corporation, Appellant, v. E. H. ADAIR, Marion L. Vanderman, Harold G. Forbes, L. D. DeBarbari, Jack D. LeBlond, Executor of the Estate of H. C. LeBlond, deceased, and Jack D. LeBlond, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied January 27, 1960.

Attorney(s) appearing for the Case

R. O. Mason, Bartlesville, Okl., and P. K. Smith, Wichita, Kan. (Gentry Lee and F. H. Bacon, Bartlesville, Okl., and F. C. McMaster, Wichita, Kan., with them on the brief), for appellant.

Robert Martin, Wichita, Kan. (S. J. Glaves, Wichita, Kan., Harold G. Forbes, Eureka, Kan., William M. Busch, Chicago, Ill., George B. Collins, Oliver H. Hughes, K. W. Pringle, Jr., W. F. Schell, Thomas M. Burns and Laverne G. Morin, Wichita, Kan., with him on the brief), for appellees.

Before HUXMAN, PICKETT and LEWIS, Circuit Judges.

PICKETT, Circuit Judge.

The Cities Service Oil Company, as assignee of a portion of an original oil and gas lease, brought this action for the possession of the leased premises located in Kansas, and for other relief. The defendants were in possession of the property under a subsequent oil and gas lease from the owners, and had developed substantial oil production therefrom. The principal question arises from the plaintiff's claim that the term of the lease under...

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