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LUTES v. UNITED STATES DISTRICT COURT FOR WEST. DIST. OF OKL.

No. 7042.

306 F.2d 948 (1962)

Otto G. LUTES, Florence Lutes, B. B. French, Jewell French, L. O. Hood, Myrtle Hood, D. M. Brower, Mildred Brower, Carl R. Stalcup, Millie L. Stalcup, Ida F. Wray, E. F. Bruce, Geraldine Bruce, J. J. French, Thesia French, Riffe Wesley, Hazel Riffe, Ostby S. Austin, Ethel Austin, Jessie E. Brown, D. L. Hamilton, Helen Hamilton, Harry G. Riffe, Myrtle Riffe, G. F. Price, Flora Lee Price, Lewis B. Carpenter, Mary E. Carpenter, E. L. Carpenter and Blanche M. Carpenter, Petitioners, v. The UNITED STATES DISTRICT COURT FOR the WESTERN DISTRICT OF OKLAHOMA and The Honorable Stephen S. Chandler, Chief Judge of the United States District Court for the Western District of Oklahoma, Respondents.

United States Court of Appeals Tenth Circuit.

August 2, 1962.

Attorney(s) appearing for the Case

Paul R. Kitch, Wichita, Kan. (Wayne Coulson, Dale M. Stucky, Robert T. Cornwell, Wichita, Kan., Jerome E. Hemry, Oklahoma City, Okl., Auburn G. Light, and James R. Yoxall, Liberal, Kan., were with him on the brief) for petitioners.

Richard W. Fowler, Oklahoma City, Okl. (Cochran, Dudley, Fowler, Rucks, Baker & Jopling, Oklahoma City, Okl., of counsel, were with him on the brief) for respondents.

Before PHILLIPS, BREITENSTEIN and SETH, Circuit Judges.

BREITENSTEIN, Circuit Judge.

In this original mandamus proceeding we are asked to vacate a federal district court order staying further proceedings in 19 cases pending in that court until certain companion cases are decided in the Oklahoma state courts. The controversy is related to the situation presented to us in the group of cases reported as Rogers v. Westhoma Oil Company, 10 Cir., 291 F.2d 726

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