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GURLEY v. LINDSLEY

No. 71-1683.

459 F.2d 268 (1972)

John W. GURLEY et al., Plaintiffs-Appellees-Cross Appellants, v. Herbert P. LINDSLEY et al., Defendants-Appellants-Cross Appellees. John W. GURLEY et al., Third Party Plaintiffs-Appellants, v. CITIES SERVICE OIL COMPANY, Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 2, 1972.

Attorney(s) appearing for the Case

Emmet A. Blaes, Wichita, Kan., Cecil Kuhne, Lubbock, Tex., Jochems, Sargent & Blaes, Wichita, Kan., William R. Moss, Crenshaw, Dupree & Milam, Lubbock, Tex., for defendants-appellants-cross appellees.

John E. Vickers, Ralph Brock, Brock, Waters & Galey, Lubbock, Tex., for plaintiffs-appellees.

Cecil C. Cammack, George K. Gilbert, Tulsa, Okl., for Cities Service.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

GODBOLD, Circuit Judge:

Plaintiffs in this case claimed an interest in two tracts of Texas land, called Mound Lake and Rich Lake, and a share of past royalties from oil production under a lease covering Mound Lake. In a nonjury trial the District Court found for the plaintiffs. We affirm on what appear to be the major issues and remand for necessary additional proceedings.

The litigation springs from a consent judgment...

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