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PHILLIPS PETROLEUM COMPANY v. COWDEN

No. 17001.

256 F.2d 408 (1958)

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

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 24, 1958.

Attorney(s) appearing for the Case

Allen R. Grambling, El Paso, Tex., Carl W. Jones, Midland, Tex. (Rayburn L. Foster, Harry D. Turner, Bartlesville, Okl., John McCormack, Dallas, Tex.), for appellants.

Raymond A. Lynch, William L. Kerr, Midland, Tex., for appellees.

Before RIVES, BROWN and WISDOM, Circuit Judges.

RIVES, Circuit Judge.

This appeal is a sequel to our decision in Phillips Petroleum Company v. Cowden, 5 Cir., 1957, 241 F.2d 586, by which we reversed the judgment of the district court and remanded the case for a determination of the number of acres "occupied" by the trespass. The appellants insist that the district court misconceived what is meant by "occupied" and erred in determining the number of acres occupied by the exploration...

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