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PHILLIPS PETROLEUM COMPANY v. BROUSSARD

No. 17390.

265 F.2d 221 (1959)

PHILLIPS PETROLEUM COMPANY et al., Appellants, v. Polycarp L. BROUSSARD, Appellee.

United States Court of Appeals Fifth Circuit.

April 15, 1959.

Attorney(s) appearing for the Case

Charles F. Bailey, Lafayette, La., Martin J. Weil, Los Angeles, Cal., James N. Erwin, Jr., Houston, Tex., Bailey & Mouton, Lafayette, La., for appellants.

J. E. Kibbe, Abbeville, La., James J. Davidson, Jr., Lawrence E. Donohoe, Jr., and Davidson, Meaux, Onebane & Donohoe, Lafayette, La., for appellee.

Before RIVES, TUTTLE and CAMERON, Circuit Judges.

PER CURIAM.

Appellee Broussard, as plaintiff below, brought this action in a state court for the cancellation of an oil, gas and mineral lease as to part of the land covered thereby (29.526 acres). Appellants, Phillips Petroleum Company and others, defendants below, removed the case to the United States District Court which granted appellee's motion for a judgment on the pleadings. Appellants attack this judgment on four grounds, which are the identical grounds upon...

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