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SHELL OIL COMPANY v. FRUSETTA

No. 17022.

290 F.2d 689 (1961)

SHELL OIL COMPANY, a corporation, Appellant, v. George FRUSETTA et al., Appellees.

United States Court of Appeals Ninth Circuit.

May 24, 1961.

Attorney(s) appearing for the Case

Walker Lowry and McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., for appellant.

Law Offices of C. Ray Robinson, C. Ray Robinson, Frederick S. Wyle and Duane W. Dresser, San Francisco, Cal., Ray J. Scott, and Wyckoff, Parker, Boyle & Pope, Watsonville, Cal., J. T. Harrington, Salinas, Cal., for appellees.

Before ORR, BARNES, and JERTBERG, Circuit Judges.

ORR, Circuit Judge.

In 1951 appellant Shell Oil Co., hereafter Shell, leased from appellees certain lands situate in San Benito County, California, for oil and gas exploration. The leases contain a warranty by appellees that they own the lands in fee simple and will defend the title against any adverse claims and hold Shell harmless therefrom. There is also a provision stating that if appellees own a smaller interest than...

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