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MARATHON OIL COMPANY v. HEATH

No. 15219.

358 F.2d 34 (1966)

MARATHON OIL COMPANY, Plaintiff-Appellee, v. Gail HEATH and the Baltimore & Ohio Railroad Company, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied March 31, 1966.

Attorney(s) appearing for the Case

John P. Wham, Centralia, Ill., Frederick E. Merritt, Salem, Ill., Wham & Wham, Centralia, Ill., of counsel, for defendant-appellant, Gail Heath.

Maurice E. Gosnell, Lawrenceville, Ill., for defendant-appellant, Baltimore & O. R. Co.

Joseph F. Diver, Findlay, Ohio, John H. Armstrong, Craig Van Meter, Mattoon, Ill., Craig & Craig, Mattoon, Ill., Clayton L. Orn, Findlay, Ohio, Riley B. Fell, Tulsa, Okl., of counsel, for plaintiff-appellee.

Before HASTINGS, Chief Judge, and KNOCH and SWYGERT, Circuit Judges.

SWYGERT, Circuit Judge.

This is a diversity action in which the Marathon Oil Company, an Ohio corporation and successor of The Ohio Oil Company, sued Gail Heath and The Baltimore & Ohio Railroad Company for a declaration that certain gas and oil leases owned by the plaintiff include a part of the right of way over which the defendant railroad operates its trains in Lawrence County, Illinois. The plaintiff also requested an injunction prohibiting the defendants...

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