Marathon Oil Company v. Gail Heath and the Baltimore & Ohio Railroad Company

SWYGERT, Circuit Judge.

This is a diversity action in which the Marathon Oil Company, an Ohio corporation and successor of The Ohio Oil Company, sued Gail Heath and The Baltimore & Ohio Railroad Company for a declaration that certain gas and oil leases owned by the plaintiff include a part of the right of way over which the defendant railroad operates its trains in Lawrence County, Illinois. The plaintiff also requested an injunction prohibiting the defendants from drilling for oil and gas upon the lands in question. 1 The district court entered findings of fact and conclusions of law…