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O'NEAL v. UNION PRODUCTION CO.

No. 11419.

153 F.2d 157 (1946)

O'NEAL v. UNION PRODUCING CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 1, 1946.

Attorney(s) appearing for the Case

G. P. Bullis, of Ferriday, La., for appellant.

Geo. Gunby and Allan Sholars, both of Monroe, La., and W. Scott Wilkinson, of Shreveport, La., for appellee.

Before HOLMES, WALLER, and LEE, Circuit Judges.

LEE, Circuit Judge.

Appellant's decedent, on July 15, 1926, executed in favor of Louisiana Petroleum Corporation an oil and gas lease on land in Richland Parish, State of Louisiana. Lessee therein covenanted to "* * * pay to the lessor 1/8 part of net proceeds at prevailing market price at well for gas from each well where gas only is found, while the same is being used off the premises * * *." (Emphasis supplied.) Appellant, a citizen of Louisiana, as the...

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