PHILLIPS PETROLEUM COMPANY v. COWDEN

No. 16039.

241 F.2d 586 (1957)

PHILLIPS PETROLEUM COMPANY and Geophysical Services, Inc., v. Elliott F. COWDEN et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 18, 1957.


Attorney(s) appearing for the Case

Horace N. Burton, Carl W. Jones, Midland, Tex., John McCormack, Dallas, Tex., Wm. J. Zeman, Rayburn L. Foster, Harry D. Turner, Bartlesville, Okl., for appellant.

Raymond A. Lynch, Robert M. Turpin, Midland, Tex., Turpin, Kerr & Smith, Midland, Tex., of counsel, for appellees.

Before BORAH, TUTTLE and CAMERON, Circuit Judges.


TUTTLE, Circuit Judge.

This is an appeal from a judgment of the trial court, sitting without a jury, awarding $53,640.00 in damages for trespass to the mineral estates of appellees upon a finding that a reflection seismograph survey on lands in which appellees owned the mineral rights amounted to a trespass as to them, and that the damages awarded represented the market value and also the value to appellants of the exploratory right wrongfully appropriated.

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