RIST v. WESTHOMA OIL COMPANY

Nos. 40226, 40227.

385 P.2d 791 (1963)

B. C. RIST and Gladys E. Rist, Plaintiffs in Error, v. WESTHOMA OIL COMPANY, a corporation, Defendant in Error. Ernest L. CARPENTER and Blanch M. Carpenter, Plaintiffs in Error, v. PEERLESS OIL AND GAS COMPANY, Jake L. Hamon and Westhoma Oil Company, Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied July 23, 1963.

Application for Leave to File Second Petition for Rehearing Denied October 22, 1963.


Attorney(s) appearing for the Case

Hemry & Hemry, Oklahoma City, Tryon, Sweet & Hensley, Guymon, Light & Yoxall, Liberal, Kan., Fleeson, Gooing, Coulson & Kitch, Wichita, Kan., Hugo T. Wedell, Wichita, Kan., of counsel, for plaintiffs in error.

Cochran, Dudley, Fowler, Rucks, Baker & Jopling, Richard W. Fowler, Oklahoma City, Vincent Dale, Guymon, for defendants in error.

Grester H. LaMar, Guymon, amicus curiae for Texas County Land and Royalty Ass'n.

Elmer W. Adams, George H. Bowen, Cecil R. Buckles, Tulsa, Cecil C. Cammack, Bartlesville, Angus A. Davidson, Glen R. Davis, Tulsa, John O. Dean, Robert E. Gill, Jr., J. Paul Greve, W.W. Heard, Tulsa, Joe M. Holliman, Tulsa, Mainard Kennerly, Oklahoma City, Hawley C. Kerr, Tulsa, Darwin M. Kirk, Wm. F. Latting, Tulsa, Gentry Lee, Bartlesville, Richard R. Linn, Oklahoma City, R.O. Mason, Bartlesville, Joseph W. Morris, G.W. Morrow, Wm. B. Nance, Tulsa, Gordon O. Oldham, O.L. Peck, Jr., Tulsa, William C. Phelps, Tulsa, Robert W. Richards, Oklahoma City, Nathan Scarritt, Enid, Warren M. Sparks, Tulsa, Norton Standeven, Oklahoma City, William M. Taylor, H.B. Watson, Jr., Tulsa, R.M. Williams, Bartlesville, John Wimbish, Philip R. Wimbish, Tulsa, Wm. J. Zeman, Bartlesville, amici curiae.


BERRY, Justice.

These consolidated appeals are from separate judgments entered by the District Court of Texas County in actions brought by lessees to determine whether the oil and gas leases involved had terminated as to all horizons below sea level at the expiration of their respective primary terms because of failure to obtain production at this level. They present a common question of law bearing on similar and undisputed...

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