TWENTIETH CENTURY-FOX FILM CORPORATION v. TEAS

No. 18245.

286 F.2d 373 (1961)

TWENTIETH CENTURY-FOX FILM CORPORATION, Appellant, v. Paul C. TEAS et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 21, 1961.


Attorney(s) appearing for the Case

Neth L. Leachman, Dallas, Tex., Kenneth C. Royall, New York City, Irving M. Walker, Los Angeles, Cal., William F. Koegel, New York City, Howard I. Friedman, Los Angeles, Cal., of counsel, for appellant.

Gillis A. Johnson, Ira Butler, Charles L. Stephens, Jack C. Wessler, Fort Worth, Tex., for appellees.

Before TUTTLE, Chief Judge, and RIVES and JONES, Circuit Judges.


TUTTLE, Chief Judge.

This is an appeal from a judgment of the District Court, sitting without a jury, permitting recovery of an amount measured by payments denominated "variable participating royalties" on the finding that such payments were in reality a bonus paid as consideration for the making of an oil and gas lease.

The facts essential to a decision of this case can be rather briefly stated, although they must be culled from a long and involved record...

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