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MONCRIEF v. PASOTEX PETROLEUM COMPANY

No. 6239.

280 F.2d 235 (1960)

W. A. MONCRIEF, Jr. and Joe J. Klabzuba, Appellants, v. PASOTEX PETROLEUM COMPANY, a Delaware corporation, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied August 11, 1960.

Second Petition for Rehearing Denied August 30, 1960.

Attorney(s) appearing for the Case

Dee J. Kelly, Fort Worth, Tex., and T. Murray Robinson, of Robinson, Shipp, Robertson & Barnes, Oklahoma City, Okl., for appellants.

George N. Otey, Ardmore, Okl. (R. Rhys Evans, Ardmore, Okl., and C. W. Proctor, Houston, Tex., T. N. Jordan, Jr., Denver, Colo., and Otey, Johnson & Evans, Ardmore, Okl., of counsel, on the brief), for appellee.

Before BRATTON, PICKETT and LEWIS, Circuit Judges.

LEWIS, Circuit Judge.

The dispositive question presented by this appeal is whether or not, under undisputed facts, the lessee of an oil and gas lease on restricted Oklahoma Indian lands has complied with the lease requirements so as to extend the lease beyond its primary term. Appellee-defendant is the lessee under the subject lease one approved by the Department of Interior for Rosa Drake McCann, an enrolled full-blooded Choctaw Indian. Appellants-plaintiffs assert...

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