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MULLENDORE v. SOHIO PETROLEUM COMPANY

No. 181-70.

438 F.2d 1099 (1971)

Eugene C. MULLENDORE, Linda V. Mullendore, Special Administratrix of the Estate of E. C. Mullendore, III, and Kathleen B. Mullendore, Appellants, v. SOHIO PETROLEUM COMPANY, a corporation, Joseph E. Seagram & Sons, Inc., and Layton Oil Company, Inc., Appellees.

United States Court of Appeals, Tenth Circuit.

March 2, 1971.

Attorney(s) appearing for the Case

John L. Arrington, Jr., and James L. Kincaid, of Huffman, Arrington, Scheurich & Kincaid, Tulsa, Okl., for appellants.

David H. Sanders and Tom Mason, Tulsa, Okl., for appellees Sohio Petroleum Co. and Joseph E. Seagram & Sons, Inc.

Bert McElroy, Tulsa, Okl., for appellee Layton Oil Co., Inc.

Before HILL and McWILLIAMS, Circuit Judges, and BRATTON, District Judge.

BRATTON, District Judge.

The appellants herein are owners of the surface rights in certain real property located in Osage County, Oklahoma, and Chautauqua County, Kansas. The appellees Sohio Petroleum Company and Joseph E. Seagram & Sons, Inc., are the lessees of the subsurface rights by virtue of a Blanket Oil Mining lease between them and the Osage Tribe of Indians. The appellee Layton Oil Company, Inc., is an independent contractor for or agent of the other...

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