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CHICAGO, WILMINGTON & FRANKLIN COAL CO. v. HERR

No. 153-D.

40 F.Supp. 311 (1941)

CHICAGO, WILMINGTON & FRANKLIN COAL CO. et al. v. HERR et al.

District Court, E. D. Illinois.

August 6, 1941.

Attorney(s) appearing for the Case

Adams, Hawxhurst, Hawley & White, of Chicago, Ill., and Carter Harrison, of Benton, Ill., for plaintiff Coal Co.

J. G. Van Keuren, of DuQuoin, Ill., and Feirich & Feirich, of Carbondale, Ill., for plaintiff Adkins.

Hugh V. Murray, Jr., of Centralia, Ill., for defendants.

LINDLEY, District Judge.

Chicago, Wilmington & Franklin Coal Company, claiming to be the owner of the oil and gas underneath the premises involved, and Adkins, its lessee for the purpose of producing oil and gas, sue to enjoin defendants from interfering with their possession and development. Defendants deny that plaintiffs are entitled to any relief and in a counterclaim seek to quiet their alleged title to the oil and gas.

One John H. Hill, the owner...

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