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MIMI CORPORATION v. HILL

No. 6845.

310 F.2d 467 (1962)

The MIMI CORPORATION, Kirby Petroleum Co., and Holman Jenkens as Trustee for The Murchison Trusts, Appellants, v. V. W. HILL, individually; John M. Dickson, T. H. Hammett, and The Denver United States National Bank as Trustees of The Hill Foundation; and Richard Downing, individually, Appellees.

United States Court of Appeals Tenth Circuit.

November 13, 1962.

Attorney(s) appearing for the Case

Jay W. Tracey, Jr., and J. G. Holland, of Holland & Hart, Denver, Colo. (J. Harley Williams, Jr., Denver, Colo., and William M. Parks, Dallas, Tex., on the brief), for appellants.

Peter H. Holme, Jr., and A. Edgar Benton, of Holme, Roberts, More & Owen, Denver, Colo. (Joseph W. Morrisey, Jr., Denver, Colo., on the brief), for appellees.

Before PHILLIPS, PICKETT and HILL, Circuit Judges.

PICKETT, Circuit Judge.

The plaintiff-appellants brought this action seeking a declaratory judgment to the effect that overriding royalties owned by the defendant-appellees were not payable out of production from an oil and gas lease issued to the plaintiffs under the preference provisions of the Act of July 29, 1942, ch. 534, 56 Stat. 726.1 The plaintiffs, as owners of the lease, assert that the defendants' royalty interests were lost...

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