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KEELER v. DUNBAR

No. 5681.

37 F.2d 868 (1930)

KEELER et al. v. DUNBAR et al.

Circuit Court of Appeals, Fifth Circuit.

February 3, 1930.

Attorney(s) appearing for the Case

L. E. Dadmun, of Los Angeles, Cal. (B. Frank Haag, of Midland, Tex., and Ben S. Hunter and L. E. Dadmun, both of Los Angeles, Cal., on the brief), for appellants.

E. L. Klett, of Lubbock, Tex., and P. H. Swearingen, of San Antonio, Tex. (Bean & Klett and Geo. R. Bean, all of Lubbock, Tex., on the brief), for appellees.

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

DAWKINS, District Judge.

Plaintiffs appeal from a judgment dismissing their suit upon demurrer. They allege in substance that they had acquired from the defendants a mineral lease upon certain lands for a stipulated consideration, containing the following clause:

"If no well be commenced on said land on or before the 26th day of November, 1927, this lease shall terminate as to both parties, unless the lessee on or...

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