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WEBER v. TEXAS CO.

No. 7806.

83 F.2d 807 (1936)

WEBER v. TEXAS CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied June 5, 1936.

Attorney(s) appearing for the Case

W. G. Banks, of Houston, Tex., and Alvin O. King, of Lake Charles, La., for appellant.

T. J. Lawhon, Jr., of Houston, Tex., for appellee.

Before FOSTER, and SIBLEY, Circuit Judges, and STRUM, District Judge.

STRUM, District Judge.

Texas Company, as plaintiff below, sued to enforce performance by the defendant, W. P. Weber, of certain option provisions of a Texas oil lease.

Natali and wife, owners of the land, on October 22, 1928, leased the same to H. C. Aiken for the purpose of prospecting and drilling for oil and gas. The lease, recorded November 30, 1928, ran for five years, called "the primary term," and "as long thereafter as either oil or gas is or can be...

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