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SIMON v. RUDCO OIL & GAS CO.

No. 10335.

132 F.2d 211 (1942)

SIMON v. RUDCO OIL & GAS CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 1, 1943.

Attorney(s) appearing for the Case

J. N. Saye and W. T. Saye, both of Longview, Tex., for appellant.

Russell Surles, Chas. F. Potter, Frank Bezoni, and W. F. Weeks, all of Tyler, Tex., for appellee.

Before HOLMES and McCORD, Circuit Judges, and DAWKINS, District Judge.

HOLMES, Circuit Judge.

This is a controversy over the ownership of mineral rights in a strip of land 44.5 feet wide and 582.2 feet long, located in Wood County, Texas. The Rudco Oil & Gas Company took possession of the land in 1941 under a mineral lease from Will Lowe and his wife, and drilled a producing well thereon. Sol Simon thereupon instituted this suit, designated as an action to quiet title and recover possession...

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