Circuit Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
March 28, 1942.
March 28, 1942.
Attorney(s) appearing for the Case
Harry C. Weeks, of Fort Worth, Tex., for petitioners.
Edward H. Hammond, Sewall Key, and J. Louis Monarch, Sp. Assts. to the Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and C. R. Marshall, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent.
Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.
Circuit Court of Appeals, Fifth Circuit.
HUTCHESON, Circuit Judge.
In an opinion1 fully finding the facts and developing the principles thought to be controlling, as to oil payment contracts petitioners had acquired at different times and under differing circumstances the Board declared; that the interest of petitioner was an interest in the oil in place; "that they must look to depletion for the recovery of their cost and may not recoup cost out of production before being required...
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