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STANDARD OIL COMPANY OF TEXAS v. LOPENO GAS COMPANY

No. 15947.

240 F.2d 504 (1957)

STANDARD OIL COMPANY OF TEXAS, Appellant, v. LOPENO GAS COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

January 16, 1957.

Attorney(s) appearing for the Case

J. C. Hutcheson, III, Wiley N. Anderson, Jr., Houston, Tex., for appellant. Baker, Botts, Andrews & Shepherd, Houston, Tex., of counsel.

Thos. R. Hartnett, III, Turner, White, Atwood, McLane & Francis, Harry S. Welch, Dallas, Tex., for appellee.

Before RIVES, TUTTLE and CAMERON, Circuit Judges.

RIVES, Circuit Judge.

The district court permanently enjoined Standard from delivering, selling, or in any other way disposing of gas produced from one of its wells except to Lopeno. Lopeno claimed the right to purchase the gas under an agreement entered into on January 31, 1935 between American Texas Oil Co. and Nordan and Morris, a co-partnership, purporting to bind American Texas to sell to Nordan and Morris or their assigns all gas produced from wells drilled...

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