LYNN v. MAAG

No. 15138.

220 F.2d 703 (1955)

J.J. LYNN, v. E. A. MAAG et al.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 9, 1955.


Attorney(s) appearing for the Case

Otis E. Nelson, Jr., Otis E. Nelson, Nelson, Montgomery, Robertson & Sellers. Wichita Falls, Tex., for appellant.

Jack G. Banner, Philip S. Kouri, Kouri & Banner, Wichita Falls, Tex., for appellees.

Before BORAH and TUTTLE, Circuit Judges, and DAWKINS, District Judge.


DAWKINS, District Judge.

Appellees owned an 80-acre tract of land and had a grass lease on an adjoining 450-acre tract. They pastured cattle on the land and maintained on their own tract a large surface watering tank. In 1948 they granted an oil and gas lease on the 80-acre tract to appellant for a primary term of three years; and in July, 1951, appellant entered into a contract with Hayden Farmer Drilling Company (called Farmer) whereby the latter would drill a test...

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