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DELANEY v. CARTER OIL CO.

No. 3798.

174 F.2d 314 (1949)

DELANEY et al. v. CARTER OIL CO. et al.

United States Court of Appeals Tenth Circuit.

Rehearing Denied May 18, 1949.

Attorney(s) appearing for the Case

A. W. Trice, of Ada, Okl. (Orel Busby and L. H. Harrell, both of Ada, Okl., and Benjamin C. Conner, John M. Winters, Jr., Gentry Lee and Roger S. Randolph, all of Tulsa, Okl., on the brief), for appellants.

Haskell Paul, of Pauls Valley, Okl. (R. D. Hudson, of Tulsa, Okl., on the brief), for appellee Glen S. Dille.

Before BRATTON, HUXMAN and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

The Carter Oil Company of West Virginia brought this declaratory action against Delaney, Dille and the Zephyr Drilling Company, all citizens of Oklahoma, for a declaration of the rights of the parties under an oil and gas development contract between Carter, Delaney and Zephyr, in the subject matter of which Dille also claims an interest. Delaney and Zephyr answered, and cross-claimed against Dille, who moved to dismiss the action on the grounds...

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