JOHNSON v. MERCER

No. 9678.

128 F.2d 357 (1942)

JOHNSON et al. v. MERCER et al.

Circuit Court of Appeals, Fifth Circuit.

As Amended June 27, 1942.

Rehearing Denied July 2, 1942.


Attorney(s) appearing for the Case

Harry B. Barnhart, of Dallas, Tex., and W. H. F. Millar, of Waynesville, N. C., for appellants.

Luther Bohanon, of Oklahoma City, Okl., Robert O. Brown, of Duncan, Okl., Charles L. Morgan, Warren Scarborough, Oliver W. Fannin and Harry L. Logan, Jr., all of Fort Worth, Tex., and Sidney M. Cook and Charles D. Egan, both of Shreveport, La., for appellees.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.


McCORD, Circuit Judge.

W. G. Gray, acting for himself and W. M. Redditt, secured an oil and gas lease from the Trustees of Pickering Lumber Company. The lease covered several tracts of land located in Texas, and was for a primary term of three years with provision for continuance. It was provided that the lease was to terminate if drilling operations were not begun within sixty days, and that until such time as oil, gas, or other minerals were discovered in paying...

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