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HULL v. MAGNOLIA PETROLEUM CO.

No. 9501.

119 F.2d 123 (1941)

HULL et al. v. MAGNOLIA PETROLEUM CO. et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 10, 1941.

Attorney(s) appearing for the Case

T. P. Hull, of San Antonio, Tex., for appellants.

Thomas Fletcher, of Houston, Tex., Hugh Carney, of Atlanta, Tex., Walace Hawkins, of Dallas, Tex., and J. G. Strong, of Carthage, Tex., for appellees.

Before FOSTER, HUTCHESON, and McCORD, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit was, by the heirs of the lessor, for cancellation, and damages for nondevelopment, of an oil and gas lease, or in the alternative, for equitable relief against the failure of lessee to develop. The claim was that upon a lease of approximately 6,000 acres requiring reasonable development for oil and gas, defendants had in total breach of their obligation to develop, completed only two producing wells, whereas, defendants were reasonably...

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