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VERNON v. UNION OIL COMPANY OF CALIFORNIA

No. 17502.

270 F.2d 441 (1959)

Mary Ellen Francis VERNON and husband, H. J. Vernon, Appellants, v. UNION OIL COMPANY OF CALIFORNIA et al., Appellees.

United States Court of Appeals Fifth Circuit.

September 18, 1959.

Attorney(s) appearing for the Case

W. H. Brian, Amarillo, Tex., Albert Smith, Lubbock, Tex., Sanders, Scott, Saunders, Brian & Humphrey, Amarillo, Tex., for appellants.

H. A. Berry, W. M. Sutton, Riley Strickland, Underwood, Wilson, Sutton, Heare & Boyce, Amarillo, Tex., for appellee, Union Oil Co. of California.

Before RIVES, Chief Judge, and CAMERON and JONES, Circuit Judges.

RIVES, Chief Judge.

This is an action to try title to certain land located in the State of Texas, brought by the appellants (hereinafter referred to as the lessors) against the appellee (hereinafter referred to as the lessee) to obtain a judicial declaration of the termination of an oil, gas and mineral lease between the parties. The lease in question was entered into on December 5, 1951, and provided, inter alia:

"Subject to the other provisions herein contained...

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