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COMMONWEALTH v. HENDERSON COUNTY

371 S.W.2d 27 (1963)

COMMONWEALTH of Kentucky et al., Appellants, v. HENDERSON COUNTY, Kentucky, et al., Appellees. OHIO RIVER OIL COMPANY, Inc., Appellant, v. HENDERSON COUNTY, Kentucky, et al., Appellees. Henry B. WALKER et al., Appellants, v. HENDERSON COUNTY, Kentucky, et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied October 25, 1963.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Troy D. Savage, H. N. McTyeire, Asst. Atty. Gen., Frankfort, for the Commonwealth and others.

Funk, Chancellor & Marshall, Chat Chancellor, Frankfort, for Ohio River Oil Co., Inc.

L. Allen Rhoads, Henderson County Atty., Henderson, and Byron, Sandidge, Holbrook & Craig and Morton Holbrook, Owensboro, for Henderson County.

B. M. Westberry, Crittenden County Atty., Marion, for Crittenden County.

J. D. Ruark Union County Atty., Morganfield, for Union County.

Shelby Denton, Daviess County Atty., Owensboro, for Daviess County.

H. G. Black, Hancock County Atty., Hawesville, for Hancock County.

S. H. Monarch Breckinridge County Atty., Hardinsburg, for Breckinridge County.

Walker & Walker and Henry B. Walker, Jr., Evansville, Ind., Palmore & Mitchell, Henderson, and Dailey & Fowler, Frankfort, for Henry B. Walker and others.

John K. Knodell, Jr., Mattoon, Ill., for Humble Oil & Refining Co.

Alfred A. Kiltz, Mt. Vernon, Ind., pro se and for Ray Ryan and others.

William T. Carroll, Owensboro, for Farm Bureau Oil Co., Inc.

MILLIKEN, Judge.

The discovery of oil and gas about ten years ago under the bed of the Ohio River between the thread of the stream and the Indiana shore lured the usual developers whose rights are at stake in this litigation. Essentially there are three classes of parties: (1) the counties bordering the area and their lessees; (2) those claiming under patents of the river bed north of the thread of the stream; and (3) the Commonwealth claimants under a lease executed...

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