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MOTHNER v. OZARK REAL ESTATE COMPANY

No. 16728.

300 F.2d 617 (1962)

Leonard M. MOTHNER, J. Richard Mothner, Elise Sharp and Miriam Richard, Appellants, v. OZARK REAL ESTATE COMPANY, Stephens Production Company, Murphy Corporation, J. T. Stephens, W. R. Stephens and Vernon Giss, Appellees.

United States Court of Appeals Eighth Circuit.

March 13, 1962.

Attorney(s) appearing for the Case

Leonard L. Scott, of Eichenbaum, Scott & Miller and C. Richard Crockett, Little Rock, Ark., made argument for appellants. King, Sharfstein & Reinstra, Beaumont, Tex., were with them on the brief.

William J. Wynne, of Crumpler & O'Connor, El Dorado, Ark., made argument for Stephens Production Company, Murphy Corporation, J. T. Stephens, W. R. Stephens and Vernon Giss and Thomas Harper, of Harper, Harper, Young, & Durden, Fort Smith, Ark., was with him on the brief.

Sam Sexton, Jr., Fort Smith, Ark., made argument for Ozark Real Estate Company and was on the brief.

Before SANBORN, MATTHES, and RIDGE, Circuit Judges.

MATTHES, Circuit Judge.

In this action instituted in the United States District Court, Western District of Arkansas, appellants, plaintiffs below, seek to establish ownership of the oil and gas underlying certain real estate in Johnson County, Arkansas. The trial court found against plaintiffs and dismissed their complaint with prejudice. They have appealed. Diversity of citizenship and the amount involved establish jurisdiction.

Much of the evidence was documentary...

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