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WHELAN v. PLACID OIL COMPANY

No. 13687.

198 F.2d 671 (1952)

D. E. WHELAN and R. J. Whelan, Appellants, v. PLACID OIL COMPANY et al., Appellees.

United States Court of Appeals Fifth Circuit.

September 12, 1952.

Attorney(s) appearing for the Case

Morton Taylor, Tyler, Tex., John Taylor, Marshall, Tex., for appellants.

Ralph B. Shank, Dallas, Tex., James K. Smith, Fort Worth, Tex., B. B. Barber, Shreveport, La., Walter C. Clemons, Houston, Tex., for appellees.

Before BORAH, RUSSELL and RIVES, Circuit Judges.

PER CURIAM.

It is ordered by the Court that the petition for rehearing filed in this cause be, and the same is hereby denied.

RIVES, Circuit Judge.

I concur specially.

To what has been so well stated in the court's opinion, I would add some further reason for my concurrence. As I understand the effect of the judgment appealed from, it is to hold the Placid lease superior to the Whelan lease as to the disputed one-half interest in the 146 acre...

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