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CONTINENTAL OIL CO. v. NATRONA SERV., INC.

Nos. 77-1314, 77-1315.

588 F.2d 792 (1978)

CONTINENTAL OIL COMPANY, a corporation, Plaintiff-Appellant and Cross-Appellee, v. NATRONA SERVICE, INC., a corporation, and John W. MacGuire, Defendants-Appellees and Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided December 13, 1978.

Attorney(s) appearing for the Case

Houston G. Williams of Wehrli & Williams, Casper, Wyo. (Barry G. Williams of Wehrli & Williams, Casper, Wyo., and Bruce R. Merrill, Senior Atty., Continental Oil Co., Houston, Tex. on brief), for plaintiff-appellant and cross-appellee.

Dennis M. Hand of Hand, Hand & Hand, P.C., Casper, Wyo. and H. Byron Mock of Mock, Shearer & Carling, Salt Lake City, Utah (Robert Jerry Hand of Hand, Hand & Hand, P.C., Casper, Wyo., on brief), for defendants-appellees and cross-appellants.

Before SETH, Chief Judge, and DOYLE, Circuit Judge, and STANLEY, Senior District Judge.

WILLIAM E. DOYLE, Circuit Judge.

This is a declaratory judgment action which was filed by Continental Oil Company (Conoco) against Natrona Service, Inc., a Wyoming corporation, as a diversity action. Also named as a defendant in the case is John W. MacGuire. The purpose of the action was to establish Conoco's right to exclusive possession of certain lode mining claims which it alleged were located by it on public lands. The further allegations were: That Conoco had...

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