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DONLEY v. CHRISTOPHER

Nos. 7144-7146.

320 F.2d 24 (1963)

D. S. DONLEY, Appellant, v. La Verne H. CHRISTOPHER, Executrix of the Estate of H. Ward Christopher, E. Alex Phillips, Joseph A. Phillips, Kenneth P. Milliken and Sylvia Milliken Blair, Appellees. M. Eugene DONLEY and Bessie E. Donley, Appellants, v. La Verne H. CHRISTOPHER, Executrix of the Estate of H. Ward Christopher, E. Alex Phillips, Joseph A. Phillips, Kenneth P. Milliken, and Sylvia Milliken Blair, Appellees. Neil VANN, Appellant, v. La Verne H. CHRISTOPHER, Executrix of the Estate of H. Ward Christopher, Joseph A. Phillips, Kenneth P. Milliken and Sylvia Milliken Blair, Appellees.

United States Court of Appeals Tenth Circuit.

July 16, 1963.

Attorney(s) appearing for the Case

Fred R. Vieux, Augusta, Kan., for appellants.

Laverne Morin, Wichita, Kan. (Charles H. Haden, Charles H. Haden, II, Morgantown, W. Va., George B. Collins, Oliver H. Hughes, Robert Martin, K. W. Pringle, Jr., W. F. Schell, Robert M. Collins, William L. Oliver, Jr., and Thomas M. Burns, Wichita, Kan., were with him on the brief), for appellees.

Before BRATTON, LEWIS and BREITENSTEIN, Circuit Judges.

BRATTON, Circuit Judge.

These are three conventional pollution cases to recover damages to land, livestock, and poultry arising out of failure to confine salt water and oil having their source in the operation of oil wells in the Oxford Oil Pool in Sumner County, Kansas. Recoupment of outlays for certain expenses and recovery of punitive damages were also sought. D. S. Donley instituted one of the actions; M. Eugene Donley...

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