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SARTOR v. UNITED GAS PUBLIC SERVICE CO.

No. 8065.

84 F.2d 436 (1936)

SARTOR et al. v. UNITED GAS PUBLIC SERVICE CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing and motion to amend judgment denied July 13, 1936.

Attorney(s) appearing for the Case

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

W. Scott Wilkinson, of Shreveport, La., and H. Flood Madison, Jr., Geo. Gunby, and Frank O. Looney, all of Monroe, La., for appellee.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit was by plaintiffs, lessors in five gas leases, for balances alleged to be due as royalties for the years 1929 to 1932, inclusive. The claim was that the leases entitled plaintiffs to receive as royalties one-eighth of the market price of all gas produced, and that for the period in question they had been paid only 3 to 3½¢ instead of 6½¢, the true market price.

Anticipating the defense that they had accepted...

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