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ROBERTS v. UNITED CARBON CO.

No. 7669.

78 F.2d 39 (1935)

ROBERTS v. UNITED CARBON CO.

Circuit Court of Appeals, Fifth Circuit.

June 8, 1935.

Attorney(s) appearing for the Case

G. P. Bullis, of Vidalia, La., for appellant.

Charles Titche and H. D. Montgomery, both of Monroe, La., for appellee.

R. H. Oliver, Jr., S. L. Digby, Allan Sholers, and Geo. Gunby, all of Monroe, La., amici curiæ.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.

SIBLEY, Circuit Judge.

James M. Roberts sued United Carbon Company for damages for alleged breaches of the latter's obligations as assignee of an oil and gas lease on 60 acres of Louisiana land. His suit was held to be one at law, and was dismissed upon an exception of no cause of action. The exhibited lease is of an ordinary type, to last five years, or so long as oil or gas is produced. It is dated November 16, 1926, and provides for its termination at the end of...

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