STIMSON v. TARRANT

No. 10067.

132 F.2d 363 (1942)

STIMSON et al. v. TARRANT et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied February 15, 1943.


Attorney(s) appearing for the Case

Gunn, Rasch & Gunn, M. S. Gunn, Carl Rasch, and M. C. Gunn, all of Helena, Mont., for appellants.

Geo. E. Hurd, of Great Falls, Mont., for appellee.

Before GARRECHT and HEALY, Circuit Judges and BOWEN, District Judge.


HEALY, Circuit Judge.

This is a suit in equity for the cancellation of an oil and gas lease. The court declined to decree cancellation, and the lessors appeal. The problem presented is whether the lease automatically terminated upon the temporary cessation of production of oil for lack of market, pursuant to a clause providing that the lease is to continue for a period of five years and "as long thereafter as oil or gas, or either of them, is produced."

The...

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