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PHILLIPS PETROLEUM CO. v. BYNUM

No. 11239.

155 F.2d 196 (1946)

PHILLIPS PETROLEUM CO. v. BYNUM.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 11, 1946.

Attorney(s) appearing for the Case

Warren M. Sparks and E. H. Foster, both of Amarillo, Tex., and Don Emery, Rayburn L. Foster, and R. B. F. Hummer, all of Bartlesville, Okl., and Charles B. Cochran, of Oklahoma City, Okl., for appellant.

D. H. Culton, of Amarillo, Tex., for appellees.

Before SIBLEY, McCORD, and WALLER, Circuit Judges.

WALLER, Circuit Judge.

This is another case involving the price that should be paid the royalty owner for gas taken from a well in the Panhandle Field of Texas. The royalty provisions in Plaintiffs' contract1 are identical with those construed in Shamrock Oil & Gas Corporation v. Coffee, 5 Cir., 140 F.2d 409. The only substantial difference between this and the Shamrock case is that in the latter it...

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