PHILLIPS PETROLEUM CO. v. TAYLOR

No. 9421.

116 F.2d 994 (1941)

PHILLIPS PETROLEUM CO. v. TAYLOR et al.

Circuit Court of Appeals, Fifth Circuit.

January 14, 1941.


Attorney(s) appearing for the Case

T. L. Dyer, of Austin, Tex., for appellant.

Fred B. Wagner, of Brownsville, Tex., and Howell Ward, of Corpus Christi, Tex., for appellees.

Before FOSTER, HOLMES, and McCORD, Circuit Judges.


HOLMES, Circuit Judge.

On petition for rehearing, we have before us a question of law which was not fully presented or dealt with on the first appeal of the case. It is whether or not the appellee Gray, as assignor of the mineral lease, under the facts of the case, had an enforceable covenant, either express or implied, to be protected from drainage by his assignee.

In the opinion,1 we held that the Texas law gave Gray, by implication...

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