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HEYSER v. FRANKFORT OIL COMPANY

No. 7098.

316 F.2d 441 (1963)

E. S. HEYSER, Jr., et al., Appellants, v. FRANKFORT OIL COMPANY, a division of Joseph E. Seagram & Sons, Inc., an Indiana corporation, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied May 24, 1963.

Attorney(s) appearing for the Case

James M. May, McAlester (Charles B. Tucker and John B. Baumert, McAlester, on the brief), for appellants.

Louis A. Fischl, Ardmore, Okl. (Eldon E. Scott, Dallas, Tex., Joseph M. Culp and F. Lovell McMillin, Ardmore, Okl., on the brief), for appellee.

Before MURRAH, Chief Judge, and BREITENSTEIN and SETH, Circuit Judges.

MURRAH, Chief Judge.

This is an appeal from a judgment quieting appellee's title to an oil and gas lease, executed by the occupant of an Oklahoma probate homestead,1 covering the entire mineral interest, and cancelling appellants' oil and gas lease, executed by the same person, as Guardian of her minor children, purporting to cover their mineral interest in the same tract of land. The case is here on diversity jurisdiction, and the material...

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