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STANOLIND OIL & GAS CO. v. NEWMAN BROTHERS DRILL. CO.

No. A-6164.

305 S.W.2d 169 (1957)

STANOLIND OIL AND GAS COMPANY et al., Petitioners, v. NEWMAN BROTHERS DRILLING COMPANY et al., Respondents.

Supreme Court of Texas.

Rehearing Denied October 2, 1957.

Attorney(s) appearing for the Case

Turner, Rodgers, Winn, Scurlock & Terry, Dallas, Bryan, Suhr & Bering, Houston, Warren Sparks and Arthur F. Whitt, Tulsa, Okl., for petitioner.

Dawson Bryant, Jayton, Ratliff, Conner & Walker, Spur, Cox, Patterson & Smith, San Antonio, Adkins, Folley, McConnell & Hankins, Amarillo, for respondent.

WALKER, Justice.

This is an action to determine the ownership of an undivided one-half of the mineral leasehold estate in 786.33 acres in Kent County. The rights of the parties turn upon the construction and application of the following provisions of two identical oil and gas leases:

"2. Subject to the other provisions herein contained, this lease shall be for a term of five (5) years from this date (called `primary term') and as long thereafter as oil, gas...

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