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UNITED STATES v. CONTINENTAL OIL COMPANY

No. 8228.

364 F.2d 516 (1966)

UNITED STATES of America, Appellant, v. CONTINENTAL OIL COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

July 18, 1966.

Attorney(s) appearing for the Case

Robert V. Zener, Atty., Dept. of Justice (John W. Douglas, Asst. Atty. Gen., B. Andrew Potter, U. S. Atty., and Alan S. Rosenthal, Atty., Dept. of Justice, on the brief), for appellant.

Granville Tomerlin, Oklahoma City, Okl. (L. David Trapnell, Ponca City, Okl., Tomerlin & High, Oklahoma City, Okl., Roy C. Hackley, Jr., New York, N. Y., and Joseph C. Kotarski, Ponca City, Okl., of counsel, on the brief), for appellee.

Before MURRAH, Chief Judge, and PHILLIPS and PICKETT, Circuit Judges.

ORIE L. PHILLIPS, Circuit Judge.

The primary question presented in this action is the construction of a provision in a quitclaim deed from the Reconstruction Finance Corporation,1 an agency of the United States, to Continental Oil Company,2 reading as follows:

"Grantee covenants and agrees that in the event Grantee uses the facilities of the said Plancor 882 for extracting toluene from hydroformate...

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