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STEWART OIL COMPANY v. SOHIO PETROLEUM COMPANY

Civ. A. No. 3821.

202 F.Supp. 952 (1962)

STEWART OIL COMPANY, a corporation, Michigan Oil Company, a corporation, Stewart Producers, Inc., a corporation, Kenneth Patterson, G. F. Stewart, W. Rolland Stewart, Frank J. Tiernan, and Morris Yarbrove, Plaintiffs, v. SOHIO PETROLEUM COMPANY, a corporation, Defendant and Counterclaimant, v. Walter E. KLINE, Stella P. Kline, R. E. Hayes, Carl E. Moses, David R. Stewart, W. T. Frederking, A. P. Wagemann, John J. Steiner, Josephine M. Steiner, and Donk Bros. Coal & Coke Company, Counterdefendants.

United States District Court E. D. Illinois.

March 23, 1962.

Attorney(s) appearing for the Case

Charles Wham and John P. Wham, of Wham & Wham, Centralia, Ill., and Tom E. Grace, Mattoon, Ill., for plaintiffs.

Craig & Craig, Mount Vernon, Ill., for Sohio Petroleum Co., defendant and counterclaimant.

L. C. Combe, Greenville, Ill., and Willis P. Ryan and Harlan Heller of Ryan & Heller, Mattoon, Ill., for counterdefendants Walter E. Kline, Stella P. Kline, R. E. Hayes, W. T. Frederking and A. P. Wagemann.

John J. Yelvington, Mattoon, Ill., for counterdefendants David R. Stewart and Carl E. Moses.

Walker & Williams, East St. Louis, Ill., for counterdefendant Donk Bros. Coal & Coke Co.

Counterdefendants John J. Steiner and Josephine M. Steiner failed to plead or appear and were ordered defaulted.

JUERGENS, District Judge.

This action was commenced by the plaintiffs to recover the proceeds from the sale of oil produced from the Southeast Quarter of the Southeast Quarter of Section 29, Township 6 North, Range 4 West of the Third Principal Meridian, Bond County, Illinois, and sold to Sohio Petroleum Company, defendant. After the action was instituted, the defendant paid the funds received from the sale of the oil into the Registry of this Court, alleging that...

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