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SUNRAY OIL CORPORATION v. ALLBRITTON

No. 13148.

187 F.2d 475 (1951)

SUNRAY OIL CORPORATION v. ALLBRITTON.

United States Court of Appeals Fifth Circuit.

February 15, 1951.

Attorney(s) appearing for the Case

C. E. Bryson, Ben H. Rice, III., Houston, Tex., Angus G. Wynne, Philip Brin, Longview, Tex., Edward Howell, Oklahoma City, Okl., Gene M. Woodfin, Houston, Tex., for appellant.

J. Edwin Smith, George E. Cire, Houston, Tex., for appellee.

Before HUTCHESON, Chief Judge, and HOLMES, McCORD, BORAH, and RUSSELL, Circuit Judges.

HUTCHESON, Chief Judge.

For a statement of the issues and pertinent facts in this case, we refer to the opinion of the trial court, which is reported in D.C., 88 F.Supp. 54. We agree with the lower court's holding: that, if Sunray retained control over the premises and the derrick, it was bound to exercise reasonable care to maintain the derrick in safe condition for use; and that there was substantial evidence to support its...

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