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KELLY v. SHAMROCK OIL & GAS CORPORATION

No. 12240.

171 F.2d 909 (1948)

KELLY et al. v. SHAMROCK OIL & GAS CORPORATION et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 21, 1949.

Attorney(s) appearing for the Case

E. T. Scott and Albert Smith, both of Amarillo, Tex., for appellants.

R. A. Wilson, of Amarillo, for appellee.

Before HUTCHESON, SIBLEY, and McCORD, Circuit Judges.

SIBLEY, Circuit Judge.

The suit, removed from the State court, sought to cancel for fraud a conveyance made June 16, 1941, by plaintiffs Henry M. Kelly and wife to the defendant Shamrock Oil & Gas Corporation of certain mineral land, and to secure an account of the gas taken therefrom. The fraud alleged was that the plaintiffs, living in Michigan, having previously made a gas lease on the land, and defendant Shamrock having acquired the lease, had as their agent...

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