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LONG v. MAGNOLIA PETROLEUM COMPANY

No. 34223.

89 N.W.2d 245 (1958)

166 Neb. 410

Ella LONG et al., Appellants, v. MAGNOLIA PETROLEUM COMPANY, Appellee.

Supreme Court of Nebraska.

April 11, 1958.

Attorney(s) appearing for the Case

Halcomb, O'Brien, Knapp & Everson, Kimball, for appellants.

Wright, Simmons & Harris, Scottsbluff, Jack E. Earnest, Charles B. Wallace, R. T. Wilkinson, Jr., Frank C. Bolton, Jr., Dallas, Tex., for appellee.

Heard before CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE and BOSLAUGH, JJ.

WENKE, Justice.

This is an appeal from the district court for Kimball County. It involves an action initiated therein on December 16, 1955, by Ella Long, widow, and her five children to obtain the release of an oil and gas lease on record in Kimball County which had been entered into by them with the Magnolia Petroleum Company. The trial court dismissed the petition of plaintiffs. Plaintiffs thereupon filed a motion for new trial and, from the overruling thereof,...

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