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McLEAN v. TEXAS CO.

No. 8986.

103 F.2d 989 (1939)

McLEAN et al. v. TEXAS CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied June 8, 1939.

Attorney(s) appearing for the Case

Geo. E. Holland and E. E. Easterling, both of Beaumont, Tex., and Ocie Speer, of Austin, Tex., for appellants.

C. R. Wharton and John C. Jackson, both of Houston, Tex., and William E. Allen and P. O. Settle, both of Fort Worth, Tex., for appellee.

Before FOSTER, SIBLEY, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

This appeal is from a judgment for the appellee in an action for the recovery of 5% of the value of oil and gas purchased by the appellee under the terms of a division order providing for such payment, but to which appellants were not parties.

In 1881, Martha D. Janes, being the owner of a tract of land consisting of 152 acres in Jefferson County, Texas, sold a right-of-way easement, 200 feet wide across the northeast end of the same...

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