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PHILLIPS PETROLEUM CO. v. JOHNSON

No. 11308.

155 F.2d 185 (1946)

PHILLIPS PETROLEUM CO. v. JOHNSON.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 22, 1946.

Second Motions for Rehearing Denied May 17, 1946.

Attorney(s) appearing for the Case

Warren M. Sparks and E. H. Foster, both of Amarillo, Tex., Rayburn L. Foster, of Bartlesville, Okl., and C. B. Cochran, of Oklahoma City, Okl., for appellant.

D. H. Culton, of Amarillo, Tex., for appellee.

Before SIBLEY, McCORD, and WALLER, Circuit Judges.

SIBLEY, Circuit Judge.

The appeal is from a judgment on a jury verdict, for a balance due to a lessor by a lessee for gas royalties. A motion for a directed verdict made by the defendant Phillips Petroleum Company, and one for a judgment non obstante, were overruled. Besides this, errors are specified as to the admission of evidence and the charges and refusals to charge of the court. The main law questions arise on the construction of the royalty provision in the...

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