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ATTAWAY v. STANOLIND OIL & GAS COMPANY

No. 5218.

232 F.2d 790 (1956)

A. L. ATTAWAY, Annie Laurie Attaway, Hugh D. McCullough, E. A. McCullough, and Ruth McCullough, Appellants, v. STANOLIND OIL & GAS COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied April 25, 1956.

Attorney(s) appearing for the Case

C. M. Neal, Hobbs, N. M. (W. D. Girand, Jr., and J. W. Neal, Hobbs, N. M., were with him on the brief), for appellants.

Ross L. Malone, Jr., Roswell, N. M., for appellee.

Before BRATTON, Chief Judge, and MURRAH and PICKETT, Circuit Judges.

MURRAH, Circuit Judge.

Appellants, owners of a mineral interest in lands in Lea County, New Mexico, brought this suit in the New Mexico state court against appellee, Stanolind Oil and Gas Company, to quiet their title to same. The decisive issue is the validity of an oil and gas lease executed to Stanolind covering the mineral interest by a partner of the partnership in the name of which the mineral interest was held at the time of the execution of the lease. The...

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