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DAVIS v. CITIES SERVICE OIL COMPANY

No. 66-68.

420 F.2d 1278 (1970)

Rudy DAVIS, Harry McDaniels, Elmer Groom, Quentin Waples, Clem Wise, Milton Bowman, Robert Meyers, Trustees of the Methodist Church, a corporation of Rock, Kansas; et al., Plaintiffs-Appellants, v. CITIES SERVICE OIL COMPANY, Skelly Oil Company, American Petrofina, Incorporated, American Petrofina Company of Texas, Defendants-Appellees.

United States Court of Appeals Tenth Circuit.

January 19, 1970.

Attorney(s) appearing for the Case

Fred R. Vieux, Augusta, Kan., for appellants.

J. B. McKay, El Dorado, Kan., R. O. Mason, Bartlesville, Okl. (Cecil C. Cammack, Robert D. Oswalt, A. O. Holl, Roy Z. Johnson, Bartlesville, Okl., McKay & McKay, El Dorado, Kan., Holliman, Mason & Maddux, Bartlesville, Okl., of counsel, on the brief), for Cities Service Oil Co.

Cecil H. Frey, Tulsa, Okl. (Hawley C. Kerr, Tulsa, Okl., J. B. McKay and James B. McKay, Jr., El Dorado, Kan., on the brief), for Skelly Oil Co.

W. A. Kahrs, Wichita, Kan. (Robert H. Nelson, Wichita, Kan., on the brief), for American Petrofina, Inc., and American Petrofina Co. of Texas.

Before MURRAH, Chief Judge, and BREITENSTEIN and SETH, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Plaintiffs-appellants, the owners or tenants of property on or near the Walnut River south of El Dorado, Kansas, claim that their lands were polluted by oil and other substances which, during floods in May and July, 1961, entered the river or its tributaries from the premises of the oil companies, defendants-appellees. Jurisdiction is based on diversity. Trial to the court required 43 days. The court made comprehensive findings and concluded...

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