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CITIES SERVICE OIL COMPANY v. SOHIO PETROLEUM COMPANY

Civ. No. 70-78.

345 F.Supp. 28 (1972)

CITIES SERVICE OIL COMPANY, a corporation, Plaintiff, v. SOHIO PETROLEUM COMPANY, a corporation, Defendant and Third Party Plaintiff, v. David G. STEELMAN et al., Third Party Defendants.

United States District Court, W. D. Oklahoma, Civil Division.

March 28, 1972.

Attorney(s) appearing for the Case

Alfred O. Holl, John C. Lovett, R. J. Leithead, Bartlesville, Okl., Richard W. Fowler, Fred W. Dunlevy, Dee A. Replogle, Jr., Oklahoma City, Okl., for plaintiff.

C. Harold Thweatt, L. Leon Storms, Oklahoma City, Okl., for Sohio.

Paul G. Darrough, Paul G. Darrough, Jr., Oklahoma City, Okl., for Steelman.

Ray B. Jones, Oklahoma City, Okl., for Creed & Walden.

John J. Snider, D. A. Kroll, Mary S. Allen, Oklahoma City, Okl., for Steelman and others.

MEMORANDUM OPINION

DAUGHERTY, District Judge.

The Plaintiff sues the Defendant to establish Plaintiff's right to an overriding royalty interest in certain land situated in Garvin County on which Defendant is producing oil and gas under an oil and gas lease. In 1954, Plaintiff acquired a seven year oil and gas lease on said land. In 1959, Plaintiff entered into a Farm-Out Contract covering the same with J. Philip Boyle, Jr. (Boyle) pursuant to which agreement...

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