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EL PASO NATURAL GAS COMPANY v. KELLY

No. 6885.

308 F.2d 820 (1962)

EL PASO NATURAL GAS COMPANY, a corporation, Appellant, v. Frank S. KELLY, Jr., William H. McCartney and Robert L. Breedlove, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied November 16, 1962.

Attorney(s) appearing for the Case

A. K. Montgomery (of Seth, Montgomery, Federici & Andrews), Santa Fe, N. M. (Allen R. Grambling [of Hardie, Grambling, Sims & Galatzan], El Paso, Tex., on the brief), for appellant.

G. W. Hannett (of Hannett, Hannett & Cornish), Albuquerque, N. M. (A. T. Hannett, Albuquerque, N. M., and J. C. Smith [of Hussey & Smith], Shreveport, La., on the brief), for appellees.

Before PICKETT, LEWIS, and BREITENSTEIN, Circuit Judges.

PICKETT, Circuit Judge.

This action was brought by three individuals who were seeking a declaratory judgment with respect to their rights to share in the oil and gas production from approximately 29,000 acres in the Huerfano Unit in San Juan County, New Mexico. The plaintiffs had performed services for one James J. Hudson in promoting the development of this area. In settlement of an action to recover commissions which they brought against Hudson, he conveyed to them...

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