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SINCLAIR OIL & GAS COMPANY v. HUFFMAN

No. 39544.

376 P.2d 599 (1962)

SINCLAIR OIL & GAS COMPANY, Plaintiff in Error, v. Pink HUFFMAN, Defendant in Error.

Supreme Court of Oklahoma.

November 28, 1962.

Attorney(s) appearing for the Case

Angus A. Davidson, Ted. D. Foster, Jr., Tulsa, for plaintiff in error.

Richard S. Roberts, Wewoka, for defendant in error.

O. Gordon Oldham, Elmer W. Adams, George H. Bowen, Glenn R. Davis, Fred W. File, Cecil H. Frey, Howard H. Harris, W.W. Heard, Hawley C. Kerr, William F. Latting, William B. Nance, William C. Phelps, Warren M. Sparks, Robert J. Stanton, Phillip R. Wimbish, Tulsa, Robert E. Gill, Jr., Norton Standeven, John W. Wolfe, Oklahoma City, Cecil C. Cammack, Gentry Lee, Robert O. Mason, Lloyd G. Minter, R.M. Williams, Wm. J. Zeman, Bartlesville, Nathan Scarritt, Enid, Wayne S. Smith, Dallas, Tex., amici curiae (on rehearing).

JOHNSON, Justice.

The parties, who appear here in the same relative position as in the trial court, will be referred to herein as they appeared in said court.

In October, 1928, Robert Caesar executed an oil and gas lease covering the NE/4, NW/4, Sec. 29, T. 6N, R. 6E, Seminole County, Oklahoma. The lease was subsequently assigned to plaintiff. A test well for oil and gas was completed as an oil well (hereafter referred...

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