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DAVIS v. CITIES SERVICE OIL COMPANY

No. 7712.

338 F.2d 70 (1964)

Courtney B. DAVIS, Appellant, v. CITIES SERVICE OIL COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

November 12, 1964.

Attorney(s) appearing for the Case

Robert B. Martin, Wichita, Kan. (D. Arthur Walker, Arkansas City, Kan., Thomas M. Burns, Denver, Colo., Laverne Morin, George B. Collins, Oliver H. Hughes, K. W. Pringle, Jr., W. F. Schell, Robert M. Collins, William L. Oliver, Jr., William V. Crank and Tom C. Triplett, Wichita, Kan., on the brief), for appellant.

R. O. Mason, Bartlesville, Okl., and P. K. Smith, Wichita, Kan. (Gentry Lee, C. C. Cammack, Bartlesville, Okl., F. C. McMaster and Stanford J. Smith, Wichita, Kan., on the brief), for appellee.

Before PHILLIPS, PICKETT and HILL, Circuit Judges.

HILL, Circuit Judge.

This action was brought to compel the performance of an alleged contract to account for, and pay, royalty on oil and gas production from real property located in Greenwood County, Kansas. The case was submitted to the trial court upon stipulated facts and judgment was entered in favor of the appellee-defendant. The appeal is from that judgment.

The stipulated facts, necessary for a proper disposition of the case, are as follows: In 1923...

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