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PHILLIPS PETROLEUM CO. v. RECORD

No. 10885.

146 F.2d 485 (1944)

PHILLIPS PETROLEUM CO. et al. v. RECORD et al.

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., and E. H. Foster, Warren M. Sparks, and R. S. Trippet, all of Amarillo, Tex., for appellants.

Riley Strickland, of Amarillo, Tex., for appellees.

Before HUTCHESON and WALLER, Circuit Judges.

HUTCHESON, Circuit Judge.

The case out of which this appeal grows, though tried at a different time and to a different jury, was tried by the same judge, in substantially the same way, and on substantially the same general charge, as Ochsner's case,1 this day decided. The verdict as in Ochsner's case, was based not on the market value of the gas at the well but on evidence having no relation thereto. Unless, then, there are differences...

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