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ROGERS v. ROYALTY POOLING COMPANY

No. A-6338.

302 S.W.2d 938 (1957)

F. P. ROGERS, Petitioner, v. ROYALTY POOLING COMPANY et al., Respondents.

Supreme Court of Texas.

June 12, 1957.

Attorney(s) appearing for the Case

Boyer & Lemon, Perryton, for petitioner.

Savage, Gibson, Benefield & Shelton, Dudley, Duvall & Dudley, Oklahoma City, Okl., Snodgrass & Calhoun, Amarillo, for respondent.

PER CURIAM.

An examination of the application for writ of error and the record convinces us that the Court of Civil Appeals correctly held the trial court to have erred in granting the motion for summary judgment of the plaintiff Rogers (our petitioner here) and in denying the corresponding motion of the defendants (respondents here), 300 S.W.2d 665.

At the same time the appellate court, while correctly reversing, on the...

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