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DUKE v. SUN OIL COMPANY

No. 19975.

320 F.2d 853 (1963)

C. C. DUKE and C. T. Duke, Appellants, v. SUN OIL COMPANY and Pan American Petroleum Corporation, Appellees.

United States Court of Appeals Fifth Circuit.

June 25, 1963.

Attorney(s) appearing for the Case

Robert D. Lemon, Edward L. Atkinson, Perryton, Tex., B. T. Fitzhugh, Booker, Tex., Lemon, Close & Atkinson, Perryton, Tex., for appellants C. C. Duke and C. T. Duke.

Charles F. Heidrick, E. M. Cage, J. C. Peurifoy, Dallas, Tex., Underwood, Wilson, Sutton, Heare & Berry and H. A. Berry, Amarillo, Tex., for appellee Sun Oil Co.

Carlton R. Winn, George S. Terry, Turner, Rodgers, Winn, Scurlock & Terry, Dallas, Tex., W. W. Heard, Tulsa, Okl., Norton Standeven, Oklahoma City, Okl., of counsel, for appellee Pan American Petroleum Corporation.

Before CAMERON, BROWN and WISDOM, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

On this appeal by the Lessors, we are confronted with the correctness of the Judge's charge as given to the jury, his failure to give certain issues and instructions requested by the Lessors, and whether the Judge erred in granting the Lessees' motion for partial summary judgment. These questions primarily involve a construction of an oil and gas lease to determine if the well involved was "producing...

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