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STATEX PETROLEUM v. PETROLEUM, INC.

No. 6888.

308 F.2d 815 (1962)

STATEX PETROLEUM, a corporation; Cosden Petroleum Corporation, a corporation; Caldarko Gas Company, a limited partnership; and Joseph C. Kimble, sole General Partner in said Caldarko Gas Company, a limited partnership, Appellants, v. PETROLEUM, INC., a corporation; Leota L. Alkire, Zella M. Boyle, Charles Boyle, H. B. Fink, Ruth G. Fink, James S. Garvey, Olive W. Garvey, Shirley F. Garvey, Willard W. Garvey and Olivia G. Lincoln, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied October 12, 1962.

Attorney(s) appearing for the Case

Wallace E. Robertson, Oklahoma City, Okl. (Robinson, Robertson & Barnes, Oklahoma City, Okl., were with him on the brief), for appellants.

William J. Holloway, Jr., Oklahoma City, Okl. (Crowe, Boxley, Dunlevy, Thweatt, Swinford & Johnson, Vivian Diffendaffer, Oklahoma City, Okl., and R. D. Randall, Wichita, Kan., were with him on the brief), for appellees.

Before PICKETT, HILL and SETH, Circuit Judges.

HILL, Circuit Judge.

This is a diversity action to quiet title to an oil and gas leasehold estate on a tract of land located in Beaver County, Oklahoma, and referred to as the Alkire tract. The appeal is from the order and judgment of the court below quieting appellees' title to such oil and gas leasehold estate and perpetually enjoining appellants from asserting or claiming any right, title or interest therein.

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