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NEWPORT OIL COMPANY v. LAMB

No. 3686.

352 S.W.2d 861 (1962)

NEWPORT OIL COMPANY, Appellant, v. Theo LAMB et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied January 26, 1962.

Attorney(s) appearing for the Case

King, Willoughby & Vletas, Abilene, for appellant.

Sentell & Rosser, Snyder, for appellees.

WALTER, Justice.

Theo Lamb and Roger B. Mize filed suit against Newport Oil Company and others for a declaratory judgment to construe a reservation of an overriding royalty in an oil and gas lease dated May 5, 1959, from Newport Oil Company to Delta Oil Company.

In a non-jury trial, the court found that, by reason of the proportionate reduction clause, the overriding royalty of 1/8th of 7/8ths was reduced in proportion...

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