Pen-Ken Gas & Oil Corp. v. Warfield Natural Gas Co.

137 F.2d 871 (1943)

PEN-KEN GAS & OIL CORPORATION

v.

WARFIELD NATURAL GAS CO.

No. 9334.

Circuit Court of Appeals, Sixth Circuit.

June 1, 1943.

Rehearing Denied August 31, 1943.

Gilbert F. Wagner, of Chicago, Ill., for appellant.

Harold A. Ritz, of Charleston, W.Va. (Dysard & Dysard, of Ashland, Ky., Wells & Wells, of Paintsville, Ky., and S. S. Willis, of Ashland, Ky., on the brief), for appellee.

Before SIMONS, ALLEN, and HAMILTON, Circuit Judges.

HAMILTON, Circuit Judge.

Appellant, plaintiff below, in its complaint alleged that it was the owner of a parcel of real estate lying in the counties of Knott,…