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CARLISLE v. UNITED PRODUCING COMPANY

No. 6242.

278 F.2d 893 (1960)

Harry CARLISLE and Neva C. Carlisle, his wife, Appellants, v. UNITED PRODUCING COMPANY, Inc., Appellee.

United States Court of Appeals Tenth Circuit.

May 19, 1960.

Attorney(s) appearing for the Case

Charles R. Nesbitt, Oklahoma City, Okl. (Tom Hieronymus, Woodward, Okl., on the brief), for appellants.

C. Harold Thweatt, Oklahoma City, Okl. (Embry, Crowe, Tolbert, Boxley & Johnson, Oklahoma City, Okl., on the brief), for appellee.

Before PICKETT and BREITENSTEIN, Circuit Judges, and SAVAGE, District Judge.

PICKETT, Circuit Judge.

United Producing Company, Inc., brought this action to quiet its title as lessee under four oil and gas leases on lands in Beaver County, Oklahoma. The defense was that the leases had terminated for United's failure to make shut-in royalty payments to the lessors, Harry Carlisle and Neva C. Carlisle, as provided for in the leases. The principal question arises out of the contention that after the discovery of the gas by United, the shut-in...

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