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GILBREATH v. STATES OIL CORPORATION

No. 4230.

4 F.2d 232 (1925)

GILBREATH v. STATES OIL CORPORATION.

Circuit Court of Appeals, Fifth Circuit.

February 5, 1925.

Attorney(s) appearing for the Case

R. N. Grisham, of Eastland, Tex. (Grisham Bros., of Eastland, Tex., on the brief), for plaintiff in error.

O. C. Funderburk, of Eastland, Tex. (Scott, Breslford, Funderburk & Ferrell, of Eastland, Tex., on the brief), for defendant in error.

Before WALKER and BRYAN, Circuit Judges, and DAWKINS, District Judge.

DAWKINS, District Judge.

On May 17, 1917, complainant executed in favor of respondent's assignor a mineral lease upon certain lands in Eastland county, Tex., which, in addition to conveying the right to explore and produce mineral oil, contained the following provisions pertinent to the present suit, to wit:

"(2) To pay the lessor $200 each year in advance for the gas from each well where gas only is found, while the same is being used off the premises, and...

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