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FAIN & McGAHA v. BIESEL

No. 16062.

331 S.W.2d 346 (1960)

FAIN & McGAHA, Appellants, v. H. R. BIESEL et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied February 12, 1960.

Attorney(s) appearing for the Case

W. M. Thacker, Jr., Bullington, Humphrey, Humphrey & Fillmore, and Roy Schaeffer, Wichita Falls, for appellants.

Nelson, Montgomery, Robertson & Sellers, and Robert K. Pace, Wichita Falls, for appellees.

MASSEY, Chief Justice.

Appeal in the instant case is predicated upon the contention that where there is an outstanding overriding royalty interest in an oil and gas lease, held in effect by production in one portion thereof, the voluntary, good faith surrender and release of the working interest in and to a nonproducing portion of such lease to the owner/lessor of the minerals would leave the overriding royalty interest in force and effect to the surrendered portion...

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