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MAYHEW v. CALLARD

No. 13631.

312 F.2d 295 (1963)

O. W. MAYHEW, L. T. Huston, Jr., Fred J. Keller, R. L. Keller, Plaintiffs-Appellants, v. Juanita Robson CALLARD, Mary Louis Fleming, James M. Fleming, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied February 18, 1963.

Attorney(s) appearing for the Case

William P. Foreman, Evansville, Ind., Edward G. Proctor, Chicago, Ill., Fred P. Bamberger, Evansville, Ind., for appellant.

Douglas H. McDonald, Princeton, Ind., Jack C. Brown, Indianapolis, Ind., McDonald & McDonald, Princeton, Ind., Jenner & Brown, Indianapolis, Ind., for appellees.

Before DUFFY, KILEY, and MAJOR, Circuit Judges.

KILEY, Circuit Judge.

This is a diversity action seeking to quiet title in plaintiffs to a 160 acre oil and gas leasehold estate in Gibson County, Indiana. Defendants-appellees'1 counterclaim sought the same relief and damages for conversion of oil produced from the land. The District Court, without a jury, decided in plaintiffs' favor as to 30 acres, in appellees' favor as to the remaining 130 acres, and awarded appellees damages for...

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