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WHITAKER v. TEXACO, INC.

No. 6259.

283 F.2d 169 (1960)

Samuel G. WHITAKER and Elizabeth Whitaker, Appellants, v. TEXACO INC. (formerly named The Texas Company), a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

October 5, 1960.

Attorney(s) appearing for the Case

Gordon F. Rainey, Oklahoma City, Okl. (Dan M. Welch, and Rainey, Flynn & Welch, Oklahoma City, Okl., of counsel, were with him on the brief), for appellants.

Elmer W. Adams, Tulsa, Okl. (Philip R. Wimbish, Tulsa, Okl., was with him on the brief), for appellee.

Before MURRAH, Chief Judge, and PHILLIPS and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

In this quiet title action appellants-plaintiffs, herein referred to jointly as the Whitakers, sued to obtain a declaration that an oil and gas lease given by them had terminated because of nondevelopment within the primary term of the lease. The trial court held that the term had been extended by a well drilled off the leased land but within a spacing unit which had been established by the Oklahoma...

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