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PHILLIPS PETROLEUM COMPANY v. HAM

No. 15495.

228 F.2d 217 (1955)

PHILLIPS PETROLEUM COMPANY, Appellant, v. W. H. HAM, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 24, 1956.

Attorney(s) appearing for the Case

C. J. Roberts, E. H. Foster, Amarillo, Tex., R. L. Foster, Harry D. Turner, Bartlesville, Okl., for appellant.

Howard F. Saunders, Sanders, Scott, Saunders & Smith, Amarillo, Tex., for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and BROWN, Circuit Judges.

HUTCHESON, Chief Judge.

Brought by Phillips Petroleum Company, hereinafter called "Phillips", the assignee of the lessee in two oil and gas leases dated February 28, 1944, one, executed under the Relinquishment Act1 of the State of Texas, embracing the NW/4, the other the S/2 of Section 122 in Block 44, H. & T. C. Ry. Survey in Hartley County, Texas, the suit was for an injunction to prevent lessor from taking gas in kind from the...

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