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DEARING v. STATE EX REL. COM'RS OF LAND OFF.

No. 53235.

642 P.2d 226 (1982)

Harry I. DEARING, Clara E. Dearing, Harold Witcher, D.H. Mikkelson, and Anita Rogers Kamperman, individually and as Trustee under the Will of W.G. Rogers, deceased, Appellees, v. STATE of Oklahoma, ex rel., COMMISSIONERS OF the LAND OFFICE, Helmerich & Payne, Inc., a Delaware Corporation, American Natural Gas Production Company, Carey M. Maguire, individually, Carey M. Maguire, Trustee for Maguire Oil Company, Carey M. Maguire, Trustee for Russell Ambler Maguire, Carey M. Maguire, Trustee for Carey McIlawaine Maguire, Carey M. Maguire, Trustee for Melinda Ambler Maguire, Carey M. Maguire, Trustee for Ann Blaine Maguire, Maguire Oil Company, Daniel B. Stuart, Gasandarko, Ltd., National Bank of Arizona, Stephen B. Kahn, Appellants.

Supreme Court of Oklahoma.

Rehearing Denied March 19, 1982.

Attorney(s) appearing for the Case

Paul DeGraffenreid, Oklahoma City, for appellant, State of Oklahoma, ex rel., Commissioners of the Land Office.

James W. Shepherd, Andrews, Davis, Legg, Bixler, Milsten & Murrah, Oklahoma City, for appellant, American Natural Gas Production Co.

Leon C. Gavras, Tulsa, for appellants, Helmerich & Payne, Inc., and all remaining appellants.

Joe B. McMillin, Jr., Weatherford, for appellees.

OPALA, Justice:

At issue here is the correctness of the trial court's judgment quieting title in the plaintiffs to a claimed mineral estate. Under challenge below was the State's ownership of minerals underlying 798 acres of land. The land in litigation consists of two tracts: Tract I, known as the "railroad strip", covers a narrow strip of approximately 16 acres; Tract II comprises...

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