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AMERICAN REPUBLICS CORPORATION v. HOUSTON OIL CO.

No. 12255.

173 F.2d 728 (1949)

AMERICAN REPUBLICS CORPORATION v. HOUSTON OIL CO. OF TEXAS.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 23, 1949.

Attorney(s) appearing for the Case

Beeman Strong, of Beaumont, Tex., and O. A. McCracken, Jr. and Thomas Fletcher, both of Houston, Tex., for appellant.

W. H. Blades and M. C. Chiles, both of Houston, Tex., Charles S. Pipkin, of Beaumont, Tex., and B. F. Whitworth, of Houston, Tex., for appellee.

Before HUTCHESON, WALLER, and LEE, Circuit Judges.

HUTCHESON, Circuit Judge.

Alleging that a controversy1 had arisen between plaintiff and defendant with respect thereto, Houston Oil Company, as plaintiff, brought this suit for a declaratory judgment to obtain a construction, and a determination as to the effect, of two contemporaneously executed written instruments called "conveyance" and "contract and conveyance", conveying and making provisions for the development of minerals under...

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