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DE FORE v. UNITED STATES

No. 664.

145 F.Supp. 484 (1956)

William H. DE FORE, Mrs. P. S. Chambes, Mrs. E. C. Brown, Mrs. J. M. Peterson, M. T. DeFore, Ardell DeFore, J. H. Wimberly, Mrs. Addie W. Brown, Mrs. H. L. Symonds, Jr., and Georgia Kaolin Company, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court M. D. Georgia, Macon Division.

June 28, 1956.

Attorney(s) appearing for the Case

John B. Harris, Jr., of Harris, Russell, Weaver & Watkins, Macon, Ga., for plaintiffs.

Frank O. Evans, U. S. Atty., and Floyd M. Buford, Asst. U. S. Atty., Macon, Ga., for defendant.

BOOTLE, District Judge.

On February 16, 1925, W. H. DeFore and Mrs. W. H. DeFore executed a mineral lease on 237 acres of land, more or less, in Twiggs County, Georgia, for a period of 25 years, or until February 16, 1950. The lease provided for the payment of ten cents a ton royalty and a guaranteed minimum rental of $100 per year. Through a series of transfers, the Georgia Kaolin Company acquired said lease on November 29, 1937.

In 1939, fifty holes were...

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