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SUN OIL COMPANY v. FRANTZ

No. 6607.

291 F.2d 52 (1961)

SUN OIL COMPANY, a corporation, Appellant, v. Ruben P. FRANTZ, also known as R. P. Frantz and Alice Frantz, his wife, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied June 7, 1961.

Attorney(s) appearing for the Case

George H. Bowen, Tulsa, Okl. (Edwin M. Cage, Dallas, Tex., on the brief), for appellant.

Robert L. Miles, Beaver, Okl. (Miles & Miles, Beaver, Okl., of counsel and on the brief), for appellee.

Before BRATTON, LEWIS and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Appellees-plaintiffs are lessors in an oil and gas lease made to appellant-defendant covering three noncontiguous tracts. Within the 10-year primary term lessee obtained commercial gas production from a well on the unit of which Tract 1 of the lease was a part but did not drill on leased Tracts 2 and 3. About two months after the expiration of the primary term, lessors sued for cancellation of the lease as to Tracts 2 and 3 alleging a...

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