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HABY v. STANOLIND OIL AND GAS COMPANY

No. 15197.

228 F.2d 298 (1955)

Minnie E. HABY, Joined pro forma by her husband, Homer H. Haby, Appellants, v. STANOLIND OIL AND GAS COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 20, 1956.

Attorney(s) appearing for the Case

W. Truett Smith, Scott Snodgrass, Snodgrass & Smith, San Angelo, Tex., for appellants.

Lon Sailers, Dallas, Tex., Turner, Rodgers, Winn, Scurlock & Terry, Dallas, Tex., L. A. Thompson, Tulsa, Okl., of counsel, for appellee.

Before HOLMES and RIVES, Circuit Judges, and THOMAS, District Judge.

RIVES, Circuit Judge.

Haby, wife and husband, sued Stanolind in a Texas state court seeking to have the court declare an oil and gas lease terminated in so far as it covered Haby's land. Stanolind removed the case to the federal court on the ground of diversity of citizenship, and there defended and asked the court to declare the lease in full force and effect as to Haby's land. The requisite diversity of citizenship and jurisdictional amount affirmatively appear...

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