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SCOTT v. UNION PRODUCING COMPANY

No. 17495.

267 F.2d 469 (1959)

J. Virgil SCOTT et al. and Paul J. Rogers et al., Appellants, v. UNION PRODUCING COMPANY et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 20, 1959.

Attorney(s) appearing for the Case

Austin C. Wilson, Houston, Tex., John H. Dittmar, San Antonio, Tex. (Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, Tex., Morrison, Dittmar, Dahlgren & Kaine, San Antonio, Tex., of counsel), for appellants.

Orville I. Cox, Malcolm McDermott and Ewers, Cox & Toothaker, McAllen, Tex., for appellees, Horace Etchison and others.

George G. Clifton, George Clifton, Jr., San Antonio, Tex., for appellees Parmelee Group.

James W. McCartney, Thomas Fletcher, Houston, Tex. (Vinson, Elkins, Weems & Searls, Houston, Tex., of counsel), for appellee Union Producing Co.

Before HUTCHESON, Chief Judge, and TUTTLE and BROWN, Circuit Judges.

HUTCHESON, Chief Judge.

These are appeals from a summary judgment entered on motions filed in an interpleader action brought by Union Producing Co., lessee in an oil and gas lease, to have determined and declared the owners of mineral interests subject to the lease and the proportions of royalties and payments thereunder to which, as such owners, they are entitled. It presents for decision here the single question whether the district judge erred in holding, on the...

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