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KINGWOOD OIL CO. v. LOEHR

No. 13928.

200 F.2d 551 (1952)

KINGWOOD OIL CO. et al. v. LOEHR et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 6, 1953.

Attorney(s) appearing for the Case

H. M. Muse, Wichita Falls, Tex., Wirt L. Harris, Oklahoma City, Okl., for appellants.

H. G. Woodruff, Decatur, Tex., H. J. Patterson and Cecil H. Cammack, Fort Worth, Tex., for appellees.

Before HOLMES, RUSSELL and STRUM, Circuit Judges.

STRUM, Circuit Judge.

Appellee Ted E. Loehr, who was plaintiff below, executed to Kingwood Oil Company, one of the defendants below and an appellant here, a partial assignment of a mineral lease, reserving 1/16 of 7/8 of all oil produced while production was 100 barrels or more daily, and 1/32 of 7/8 while production was less than 100 barrels daily.

A well was brought in on the land capable of producing in excess...

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