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FEDERAL CRUDE OIL CO. v. YOUNT-LEE OIL CO.

No. 9012.

103 F.2d 171 (1939)

FEDERAL CRUDE OIL CO. v. YOUNT-LEE OIL CO. et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 25, 1939.

Attorney(s) appearing for the Case

Wm. Durr Gordon and E. E. Easterling, both of Beaumont, Tex., and Ocie Speer, of Austin, Tex., for appellant.

C. T. Duff, Will E. Orgain, and Beeman Strong, all of Beaumont, Tex., and C. R. Wharton, of Houston, Tex., for appellees.

Before FOSTER, SIBLEY, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

Upon motions by each party for summary judgment on facts not disputed Federal Crude Oil Company's bill against Yount-Lee Oil Company, Texas & N. O. Railway Company, and Rio Bravo Oil Company was dismissed and the plaintiff therein appeals.

A little over three-quarters of an acre of land included in the Railway Company's right of way from which a great quantity of oil has been taken is in controversy. It is a part of or appurtenant...

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