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KEESE v. CONTINENTAL PIPE LINE COMPANY

No. 15921.

235 F.2d 386 (1956)

Clarence KEESE et al., Appellants, v. CONTINENTAL PIPE LINE COMPANY, et al., Appellees.

United States Court of Appeals Fifth Circuit.

June 28, 1956.

Attorney(s) appearing for the Case

Robert Lee Guthrie, Dallas, Tex., and Johnson, Guthrie & Stanfield, Dallas, Tex., for appellants.

Fritz Lyne, Dallas, Tex., Frank L. Merrill and Harry G. Dippel, Ft. Worth, Tex., Lyne, Blanchette & Smith, Dallas, Tex., for appellees.

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

HUTCHESON, Chief Judge.

This appeal from a summary judgment, rendered on undisputed facts,1 that the plaintiffs take nothing by their suit for an accounting for oil produced from a forty acre tract under a lease dated November 4, 1953, from E. M. Mills et al. to one Arnold H. Bruner, presents a single question for decision.

This question is whether an overriding royalty of one-sixteenth...

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