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DAUER v. SUN OIL CO.

No. 9739.

125 F.2d 246 (1942)

DAUER v. SUN OIL CO. et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 7, 1942.

Attorney(s) appearing for the Case

W. C. Vinyard and E. T. Miller, both of Amarillo, Tex., for appellant.

Clayton L. Orn, of Fort Worth, Tex., D. H. Culton, of Amarillo, Tex., and J. W. Timmins, of Dallas, Tex., for appellees.

Before FOSTER, HOLMES, and McCORD, Circuit Judges.

FOSTER, Circuit Judge.

This is a suit by appellant, A. J. Dauer, hereafter called plaintiff, against the Sun Oil Co., Cities Service Gas Co. and Texoma Natural Gas Co., hereafter referred to as defendants, to cancel certain oil and gas leases. The suit was dismissed on motions of defendants without a trial on the merits.

The complaint and annexed exhibits disclose the following facts. Dauer is the owner of section...

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