YOUNGBLOOD v. SEEWALD

No. 6793.

299 F.2d 680 (1961)

L. S. YOUNGBLOOD and M. L. McLain, Appellants. v. Hughes SEEWALD, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied April 5, 1962.


Attorney(s) appearing for the Case

C. Harold Thweatt, of Crowe, Boxley, Dunlevy, Thweatt, Swinford & Johnson, Oklahoma City, Okl. (George S. Guysi, Oklahoma City, Okl., with him on the brief), for appellants.

Wallace E. Robertson, of Robinson, Robertson & Barnes, Oklahoma City, Okl. (T. Murray Robinson, Oklahoma City, Okl., with him on the brief), for appellee.

Before PICKETT and HILL, Circuit Judges, and CHRISTENSON, District Judge.


PICKETT, Circuit Judge.

This declaratory judgment action was brought by the owners of overriding royalties in the oil and gas production from lands in Cimarron County, Oklahoma, to determine the effect of a pooling order of the Oklahoma Corporation Commission upon their interests. They appeal from a judgment holding that when the plaintiff McLain, the owner of leases within the drilling unit, accepted a 1/8th of 8/8ths royalty in the production, in lieu of participating...

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