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BRITISH-AMERICAN OIL PRODUCING CO. v. BUFFINGTON

No. 9475.

116 F.2d 363 (1940)

BRITISH-AMERICAN OIL PRODUCING CO. et al. v. BUFFINGTON et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 14, 1941.

Attorney(s) appearing for the Case

Ed. M. Whitaker, of Midland, Tex., Henry Russell, of Pecos, Tex., and W. E. Allen, of Fort Worth, Tex., for appellants.

Tom Sealy, of Midland, Tex., for appellees.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

McCORD, Circuit Judge.

J. J. Dorr owned an oil and gas lease on a section of undeveloped land in Pecos County, Texas. On July 30, 1937, he entered into a contract with D. M. Buffington and C. R. Smith for the drilling of a test well on the property. As consideration for drilling the well, Buffington and Smith were to receive a cash payment of $3,000 together with an undivided one-fourth interest in the oil and gas lease on the section of land. Among other things the...

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