AUERS v. PHILLIPS PETROLEUM CO.

No. 887.

25 F.Supp. 458 (1938)

AUERS v. PHILLIPS PETROLEUM CO. et al.

District Court, N. D. Texas, Wichita Falls Division.

December 3, 1938.


Attorney(s) appearing for the Case

Bonner, King, Dawson & Jones, of Wichita Falls, Tex., for plaintiff.

T. L. Dyer, of Austin, Tex., and Tom D. Lumpkin and E. H. Foster, both of Amarillo, Tex., for defendant.


ATWELL, District Judge.

After the issue is made, the defendant moves to dismiss on the ground that the plaintiff is seeking to recover for the transfer of a "shooting permit" which is a "security" within the meaning of the Texas securities statute. It also claims its right to such a judgment because the plaintiff alleges that the defendant orally agreed to assign to him one thirty-second of an overriding royalty in oil to be taken out of the premises in question until...

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