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BERRY v. TIDE WATER ASSOCIATED OIL CO.

No. 13285.

188 F.2d 820 (1951)

BERRY et al. v. TIDE WATER ASSOCIATED OIL CO. et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 18, 1951.

Attorney(s) appearing for the Case

J. R. Buchanan, Ellis B. Cooper, and W. S. Welch, all of Laurel, Miss., for appellants.

Earl T. Thomas, T. Harvey Hedgepeth, Jackson, Miss., Lloyd Armstrong, Houston, Tex., C. W. Sullivan, Hattiesburg, Miss., for respondents.

Before HUTCHESON, Chief Judge, McCORD, Circuit Judge, and WRIGHT, District Judge.

HUTCHESON, Chief Judge.

Brought to cancel, and remove the cloud of, an "unless" oil, gas and mineral lease as to a portion of the land leased which had been assigned to the defendants, the suit sought a decree adjudging that, because of their failure to drill on or develop their assigned portion, the lease as to it had terminated and was of no further effect.

Plaintiffs' primary claim was that, under Mississippi law...

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