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SAWYER v. MID-CONTINENT PETROLEUM CORPORATION

Nos. 5295, 5296.

236 F.2d 518 (1956)

U. D. SAWYER and Dessie Sawyer, Appellants, v. MID-CONTINENT PETROLEUM CORPORATION, a corporation, Appellee. MID-CONTINENT PETROLEUM CORPORATION, a corporation, Cross-Appellant, v. U. D. SAWYER and Dessie Sawyer, Cross-Appellees.

United States Court of Appeals Tenth Circuit.

August 22, 1956.

Attorney(s) appearing for the Case

R. H. Wills and J. P. Greve, Tulsa, Okl., for appellee and cross-appellant.

G. T. Hanners, Lovington, N. M., for appellants and cross-appellees.

Before HUXMAN, MURRAH and PICKETT, Circuit Judges.

MURRAH, Circuit Judge.

This is an appeal from a judgment of the District Court for New Mexico in a suit brought by Mid-Continent Petroleum Company to recover $14,259.10 paid to appellants, Sawyers, as compensatory royalty in lieu of drilling a well on an oil and gas lease granted by the Sawyers to Mid-Continent's assignors. The trial court granted restitution of the amounts paid, less attorney fees and expenses incurred by the Sawyers in the sum of $2,500. The judgment...

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