STATE OF OKLAHOMA EX REL. WILSON v. BLANKENSHIP

Nos. 218-70, 219-70.

447 F.2d 687 (1971)

STATE OF OKLAHOMA ex rel. J. Woodrow WILSON, Plaintiff-Appellant, v. G. T. BLANKENSHIP, Attorney General, State of Oklahoma, et al., Defendants-Appellees. STATE OF OKLAHOMA ex rel. J. Woodrow WILSON, Plaintiff-Appellee, v. G. T. BLANKENSHIP, Attorney General, State of Oklahoma, et al., Defendants, and Riffe Petroleum Company, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied October 7, 1971.


Attorney(s) appearing for the Case

Robert G. Grove, Oklahoma City, Okl. (Paul W. Brightmire, Tulsa, Okl., on the brief), for plaintiff-appellant.

H. Dale Cook, Oklahoma City, Okl., for G. T. Blankenship.

Truman B. Rucker, Tulsa, Okl. (J. P. Greve and John A. Ladner, Jr., Tulsa, Okl., on the brief), for Sun Oil Co.

Coleman Hayes, Oklahoma City, Okl. (Michael B. Silva, Oklahoma City, Okl., on the brief), for Kerr-McGee Corporation.

Richard B. McDermott, Tulsa, Okl. (S. E. Floren, Bartlesville, Okl., and Edward J. Fauss, Oklahoma City, Okl., on the brief), for Phillips Petroleum Co.

James R. Eagleton, Tulsa, Okl., for Baxter Land Corporation (formerly Inland Asphalt, Inc.) and Riffe Petroleum Co.

Larry Derryberry, Atty. Gen. of Oklahoma, and Paul C. Duncan, Asst. Atty. Gen., amici curiae.

Before SETH, McWILLIAMS and DOYLE, Circuit Judges.


Rehearing Denied in No. 218-70 October 7, 1971.

WILLIAM E. DOYLE, Circuit Judge.

This case involves a jurisdictional conflict between the state and federal courts in the Western District of Oklahoma. An action was filed in state court and was subsequently removed pursuant to 28 U.S.C. § 1441(b).1 Following removal the plaintiff filed a motion to remand and this was denied. Thereafter, the several defendants filed

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