OHMART v. DENNIS

No. 38133.

196 N.W.2d 181 (1972)

188 Neb. 260

In the Matter of the Application of Walter A. Ohmart, Jr., et al. Walter A. OHMART, Jr. and the United States of America, Appellees, v. S. E. DENNIS and Banner Oil Company, Inc., Appellants.

Supreme Court of Nebraska.

April 7, 1972.


Attorney(s) appearing for the Case

Lyman & Meister, Howard P. Olsen, Jr., Scottsbluff, for appellants.

Van Steenberg, Winner & Brower, Scottsbluff, for Walter A. Ohmart, Jr.

Shiro Kashiwa, Asst. Atty. Gen., Washington, D. C., Richard A. Dier, U. S. Atty., Robert J. Becker, Asst. U. S. Atty., Omaha, Jacques B. Gelin, Larry G. Gutterridge, Washington, D. C., for the United States.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON and CLINTON, JJ.


SMITH, Justice.

On appeal from the State Oil and Gas Conservation Commission the district court pooled interests in a 1/16th section, approximately 40 acres, of oil-producing land. The interests were held by S. E. Dennis, and his lessee, Banner Oil Company, and the United States of America, and its lessee, Walter A. Ohmart, Jr.

Dennis and Banner appeal from district court. They assert five errors: (1) The pooling order of the commission from which they appealed...

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