SHELL PETROLEUM CORPORATION v. CORN

No. 479.

54 F.2d 766 (1932)

SHELL PETROLEUM CORPORATION v. CORN et al.

Circuit Court of Appeals, Tenth Circuit.

January 4, 1932.


Attorney(s) appearing for the Case

W. K. Koerner, of St. Louis, Mo. (Thompson, Mitchell, Thompson & Young, of St. Louis, Mo., on the brief), for appellant.

A. M. Ebright of Wichita, Kan. (Ebright, Burch & Patterson, of Wichita, Kan., on the brief), for appellees.

Before COTTERAL, PHILLIPS, and McDERMOTT, Circuit Judges.


McDERMOTT, Circuit Judge.

On the first appeal of this case [(C. C. A.) 28 F.2d 168] it was held that the plaintiff's bill stated a cause of action, and that the lease of the plaintiff (appellant here) covered the minerals under the right of way of the Midland Valley railroad. When the case came back to the trial court, the defendants answered that the lease was ambiguous, and therefore open to construction; and, if not, that by mutual...

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