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PHILLIPS PETROLEUM CO. v. OCHSNER

No. 10847.

146 F.2d 138 (1944)

PHILLIPS PETROLEUM CO. v. OCHSNER.

Circuit Court of Appeals, Fifth Circuit.

December 15, 1944.

Attorney(s) appearing for the Case

Rayburn L. Foster, Don Emery, and R. B. F. Hummer, all of Bartlesville, Okl., E. H. Foster, Warren M. Sparks, and R. S. Trippet, all of Amarillo, Tex., for appellant.

Erwin C. Ochsner and Riley Strickland, both of Amarillo, Tex., for appellee.

Before HUTCHESON and WALLER, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit was for royalty on dry sweet gas produced by appellant from lands of appellee in Moore County, Texas. The claim was: (1) That within the meaning of the lease, "the gas was used off the premises" for light and fuel purposes; (2) that the gas had no market value for such purposes at the well; and (3) that, therefore, lessor was entitled to be paid its "value at the mouth of the well" for light

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