MURRAH, Circuit Judge.
This is an appeal from a judgment of the District Court of New Mexico awarding damages to appellee, McCormick, for the surrender by the appellant, Phillips Petroleum Company, of an oil and gas lease, without notice to McCormick, who held an overriding interest in the lease. The facts are not in dispute.
In July 1947, McCormick, as the owner of a federal oil and gas lease covering approximately 2,300 acres of the public domain in Lea...
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