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WILCOX OIL CO. v. EMPIRE OIL OF TEXAS

No. 13701.

195 F.2d 860 (1952)

WILCOX OIL CO. v. EMPIRE OIL OF TEXAS. EMPIRE OIL OF TEXAS v. WILCOX OIL CO.

United States Court of Appeals Fifth Circuit.

April 3, 1952.

Attorney(s) appearing for the Case

George S. Terry, Fritz L. Lyne, Dallas, Tex., Horace B. Clay, Tulsa, Okl., for appellant and cross-appellee.

Larry DeBogory, Dallas, Tex., for appellee and cross-appellant.

Before BORAH, RUSSELL, and RIVES, Circuit Judges.

RUSSELL, Circuit Judge.

Wilcox Oil Company and Empire Oil of Texas entered into a written contract by the terms of which Wilcox became obligated to drill a test well for oil and gas on certain property leased to Empire and located in Beckham County, Oklahoma. The well was to be drilled to the depth of 10,500 feet unless oil or gas in paying quantities or impenetrable formations were encountered at a lesser depth. The cost of drilling the well was to be paid by Wilcox...

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