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DE MIK v. CARGILL

No. 42797.

485 P.2d 229 (1971)

William J. DE MIK, Plaintiff in Error, v. O.A. CARGILL et al., Defendants in Error.

Supreme Court of Oklahoma.

May 11, 1971.

Attorney(s) appearing for the Case

Bishop & Wantland, Seminole, for plaintiff in error.

Marvin Shilling, Ardmore, Mickey James, Oklahoma City, James A. Clark, Ardmore, for H.R. Shine and W.P. Burch.

Johns, Howell & Webber, by Charles Hills Johns, Midwest City, for O.A. Cargill and O.A. Cargill, Jr., defendants in error.

BERRY, Chief Justice:

The sole question presented concerns propriety of the trial court's action sustaining defendants' demurrer to plaintiff's petition, which sought partition of defendants' overriding royalty interest in an oil and gas leasehold. The precise question appears to be of first impression. Summarized hereafter is the substance of pleadings pertinent to the issue. Neither...

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