Legal Opinion · Dissent

Kemmerer v. Midland Oil & Drilling Co.

Court of Appeals for the Eighth Circuit

Decided December 21, 1915No. 4075Published

Appeal from the District Court of the United States for the Eastern District of Oklahoma; Ralph E. Campbell, Judge. Suit in equity by O. Kemmerer against the Midland Oil & Drilling Company. From an order dissolving an interlocutory injunction, complainant appeals.

1DissentSanborn, Circuit Judge

While the value of the property which is the subject of this litigation is not large, and the amount of damage which is being inflicted upon the plaintiff is apparently small, the controlling questions of law which it presents seem to me to be of general and public interest, and the decision of them by the majority, if that decision should pass into precedent, cannot fail to have far-reaching and lasting effects upon the property and upon- the value of the property of many who are not parties to1 this lawsuit. The main question in the case is: May the owner of a tract of land, who has leased…

2Cases cited47 opinions

  1. Brooks v. MarburySupreme Court of the United States · 1826
  2. Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
  3. Galway v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
  4. Chartiers Block Coal Co. v. MellonSupreme Court of Pennsylvania · 1893
  5. United States v. GratiotSupreme Court of the United States · 1840

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