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EMPIRE GAS & FUEL CO. v. SAUNDERS

No. 5008.

22 F.2d 733 (1927)

EMPIRE GAS & FUEL CO. et al. v. SAUNDERS et al.

Circuit Court of Appeals, Fifth Circuit.

December 8, 1927.

Attorney(s) appearing for the Case

Edwin T. Phillips and David B. Trammell, both of Fort Worth, Tex. (J. W. Finley, of Chanute, Kan., Warren T. Spies, of Bartlesville, Okl., Phillips, Trammell & Chizum, of Fort Worth, Tex., on the brief), for appellants.

Charles C. Cook, of Pampa, Tex., for appellees.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

Saunders sued to have an oil and gas lease of four quarter sections of land adjudged to be terminated and canceled, completely as to two quarter sections of which he was the sole owner, and in so far as it affected his undivided half interest in the two remaining quarter sections. The suit was brought against the Empire Gas & Fuel Company, as lessee, and the Equitable Trust Company of New York, which held a lien inferior to the lease. A decree...

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