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LEAR PETROLEUM CORP. v. WILSON

Nos. 82-1837, 82-1900.

730 F.2d 1363 (1984)

LEAR PETROLEUM CORPORATION and Texas Oil and Gas Corporation, Plaintiffs, Appellees, Cross-Appellants, v. Ralph WILSON, Neil Wilson and P.H. Hardin, Defendants, Appellants, Cross-Appellees, Georgiana Fannin Lillard, Mella Belle Fannin Terrell, Jessica E. Turner, John L. Belt, First National Bank & Trust Company of Oklahoma City, Oklahoma, as Trustees of the Roy J. Turner Marital Trust "A" and "B", The Estate of Faye Fannin Lee, by serving Nancy Brown, Administrator, Alice Fannin Daniel, Elizabeth L. Cariker, Tom J. Aishman and Sharon K. Aishman, Husband and Wife, John Stuart Hunt, Sherman Hunt, Jr., Gary C. Wilkins, Arvil G. Flippin, Jr., and Bandera Exploration Company, Defendants and Additional Appellees on Cross-Appeal.

United States Court of Appeals, Tenth Circuit.

March 26, 1984.

Attorney(s) appearing for the Case

Betsy Hall of Hardin, Jesson & Dawson, Fort Smith, Ark. (Bruce Green, Muskogee, Okl., on the brief), for defendants, appellants, cross-appellees.

Herbert M. Graves of Sullivan, Graves, Combs & Densmore, Oklahoma City, Okl., for plaintiffs, appellees, cross-appellants.

Before SETH, Chief Judge, and DOYLE and LOGAN, Circuit Judges.

SETH, Chief Judge.

This is an interpleader action (28 U.S.C. § 1335) brought by the operators of a gas well in Oklahoma. The petition asserts that there are adverse claims to the royalty. The petitioners describe the various claimants who are some of the original lessors and some overriding royalty owners.

The parties who have taken this appeal are lessors of petitioners and are farmers in possession and farming the area in question (Section 36, Township...

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