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GAS RIDGE v. SUBURBAN AGRICULTURAL PROPERTIES

No. 11232.

150 F.2d 363 (1945)

GAS RIDGE, Inc., v. SUBURBAN AGRICULTURAL PROPERTIES, Inc.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied September 13, 1945.

Attorney(s) appearing for the Case

Arthur H. Bartelt, of Austin, Tex., for appellant.

Knox Miller, of San Antonio, Tex., for appellee.

Before SIBLEY, HUTHESON, and LEE, Circuit Judges.

Rehearing Denied September 13, 1945. See 150 F.2d 1020.

HUTCHESON, Circuit Judge.

While prior but abandoned pleadings1 had set out in the alternative various claims, the Second Amended Complaint, on which the trial was had, declared on one simple claim, that an oil and gas lease on the described premises2 "* * * for the term of five years from Dec. 7, 1920, and as long...

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