JOYCE v. WYANT

No. 11670.

202 F.2d 863 (1953)

JOYCE v. WYANT et al.

United States Court of Appeals Sixth Circuit.

March 23, 1953.


Attorney(s) appearing for the Case

Robert M. Waer, Grand Rapids, Mich., and Elmo P. Lee, Jr., Shreveport, La., Harrington, Waer, Cary & Servaas, and Robert M. Waer, Grand Rapids, Mich., and Charles B. Emery, Shreveport, La., on the brief, for appellant.

Harry C. Kinne, Chicago, Ill., Kinne & Scovel, and Harry C. Kinne, Sr., Chicago, Ill., Amberg, Law & Buchen, R. Dale Law, and Niel A. Weathers, Jr., Grand Rapids, Mich., for appellees.

Before ALLEN, McALLISTER and MILLER, Circuit Judges.


MILLER, Circuit Judge.

Appellant filed this action in the district court to recover damages resulting from the failure of the appellees, assignees of the lessee under an oil lease from the appellant covering land located in Caddo Parish, Louisiana, to drill three wells on the leased property. The District Judge sustained the motion of the appellees to dismiss the complaint for failure to state a cause of action,

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