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LACKEY v. OHIO OIL CO.

No. 2701.

138 F.2d 449 (1943)

LACKEY et al. v. OHIO OIL CO. et al.

Circuit Court of Appeals, Tenth Circuit.

October 27, 1943.

Attorney(s) appearing for the Case

J. B. Dudley, of Oklahoma City, Okl. (Dudley, Duvall & Dudley, of Oklahoma City, Okl., on the brief), for appellants.

J. H. Jarman, of Oklahoma City, Okl. (W. H. Brown, of Oklahoma City, Okl., and H. G. Ross, of Tulsa, Okl., on the brief), for appellees.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

PHILLIPS, Circuit Judge.

Bert Lackey and Estella Lackey, his wife, executed and delivered to George Gorton an oil and gas lease on a twenty-acre tract of land in Caddo County, Oklahoma. The lease reserved one-eighth of the oil to the lessor. It contained the following provisions with respect to gas produced from the lease:

"* * * lessee covenants and agrees: * * *

"2nd. To pay the lessor Two Hundred and No/100 Dollars each year in advance, for the...

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