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FETZER v. CITIES SERVICE OIL CO.

No. 77-1076.

572 F.2d 1250 (1978)

John H. FETZER, Jr. and C. C. Robinson, Appellees, v. CITIES SERVICE OIL COMPANY and Louisiana-Nevada Transit Company, Appellees, Dalton J. Woods and Thelma Scroggs Woods, Appellees, Ralph C. Nash, Triple "L" Company, Inc., W. H. Hunt, Appellees, and Bodcaw Company, Appellant, Louisiana and Arkansas Railway Company, Appellee, Roberta Q. Evans, Rosemary Sorrels Cole, Thomas T. Sorrels, Samuel S. Sorrels, George Robert Stuart, J. Lee Youngblood, Penny Youngblood and W. B. Hogg, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 13, 1978.

Attorney(s) appearing for the Case

H. Derrell Dickens, El Dorado, Ark., for appellant.

John H. Fetzer, III, Baton Rouge, La., William G. Wright, Hardin, Jesson & Dawson, Fort Smith, Ark., for appellee.

Before LAY and ROSS, Circuit Judges, and LARSON, District Judge.

LAY, Circuit Judge.

Plaintiffs, Fetzer and Robinson, filed an accounting action claiming a percentage of proceeds from sale of oil and gas recovered from two strips of land, described as sections 14 and 26, which are portions of a railroad right of way located in Arkansas. Plaintiffs base their claim on royalty interests under a lease from Louisiana and Arkansas Railway Company, successor of the original Louisiana and Arkansas Railroad. The original defendants named...

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