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HUTCHINSON v. McCUE

Nos. 4353, 4365.

101 F.2d 111 (1939)

HUTCHINSON et al. v. McCUE et al. (two cases). In re HAMILTON GAS CO.

Circuit Court of Appeals, Fourth Circuit.

January 9, 1939.

Attorney(s) appearing for the Case

Okey P. Keadle, of Huntington, W. Va. (James Damron, of Huntington, W. Va., on the brief), for appellants.

W. E. Miller, Stanley C. Morris, and J. Floyd Harrison, all of Charleston, W. Va., for appellees.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

SOPER, Circuit Judge.

An oil and gas lease, covering 300 acres of land in Cabell County, West Virginia, is the subject matter of this suit and the disputed point is whether the term of the lease has expired or is still current. The appellants, who succeeded to interests in the premises as heirs of the lessor, petitioned the District Court for a decree declaring that the lease had terminated, but were refused. The District Court then had jurisdiction over the affairs...

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