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ORR v. COMAR OIL CO.

No. 296.

46 F.2d 59 (1930)

ORR v. COMAR OIL CO.

Circuit Court of Appeals, Tenth Circuit.

December 26, 1930.

Attorney(s) appearing for the Case

R. W. Stoutz, of Tulsa, Okl. (M. L. Opperud and O. B. Martin, both of Blackwell, Okl., on the brief), for appellant.

Joseph R. Long, Jr., of St. Louis, Mo. (Thompson, Mitchell, Thompson & Young, Claude P. Berry, and Joe T. Dickerson, all of St. Louis, Mo., on the brief), for appellee.

Before PHILLIPS and McDERMOTT, Circuit Judges, and POLLOCK, District Judge.

PHILLIPS, Circuit Judge.

On April 21, 1924, William Orr, hereinafter called plaintiff, executed and delivered to the Comar Oil Company, hereinafter called defendant, an oil and gas lease on six and one-eighth acres of land in Kay county, Oklahoma, for a period of five years and so long thereafter as oil and gas or either of them should be produced from such land by the defendant. Such lease provided for a one-eighth royalty, and further provided:

"If no well...

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