McDERMOTT, District Judge.
A general demurrer has been lodged to the second amended petition in this action, which sets out substantially the following situation:
On the 4th day of November, 1925, a written agreement was made by which the plaintiff agreed to execute an oil and gas lease to the defendant on certain described real estate, "under the terms of regular producers' 88 form of lease for a period of five years." The defendant agreed to pay the plaintiff...
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