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NEW YORK STATE NAT. GAS CORP. v. SWAN-FINCH GAS DEV. CORP.

No. 12939.

278 F.2d 577 (1960)

NEW YORK STATE NATURAL GAS CORPORATION, v. SWAN-FINCH GAS DEVELOPMENT CORPORATION and Rockton Drilling Corporation, A. H. Reitz and Keta Gas & Oil Company. Keta Gas & Oil Company, by Its Receiver, Barton Grubbs, 2d, and A. H. Reitz, Appellants.

United States Court of Appeals Third Circuit.

Decided April 28, 1960.

Attorney(s) appearing for the Case

Robert V. Maine, DuBois, Pa. (Leonard M. S. Morris, Pittsburgh, Pa., David E. Blakley, DuBois, Pa., on the brief), for appellants.

William H. Eckert, Pittsburgh, Pa. (G. Kirby Herrington, Cloyd R. Mellott, Eckert, Seamans & Cherin, Pittsburgh, Pa., on the brief), for appellee.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

This dispute presents opposing claims to the ownership of the natural gas underlying a tract of land of about 1000 acres, being Warrant 2001, Houston Township, Clearfield County, Pennsylvania. The case is in federal court solely because of diversity of citizenship of the parties. Accordingly, the real property law of Pennsylvania is applicable and controlling.

The common source of title relied upon by all of the parties is the ownership...

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