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JOHNSTON v. GOGGIN

No. 20044.

323 F.2d 36 (1963)

Roy H. JOHNSTON and wife, Marguerite A. Johnston, and William Moss, Appellants, v. James C. GOGGIN and Munson G. Shaw Company, Inc., Appellees. James C. GOGGIN and Munson G. Shaw Company, Inc., Appellants v. Roy H. JOHNSTON and wife, Marguerite A. Johnston, and William Moss, Appellees.

United States Court of Appeals Fifth Circuit.

July 30, 1963.

Attorney(s) appearing for the Case

Tom S. Milam, Lubbock, Tex., Crenshaw, Dupree & Milam, Lubbock, Tex., for appellants, Roy H. Johnston and wife, Marguerite A. Johnston.

W. B. Browder, Jr., Midland, Tex., Morris Warrell, Dallas, Tex., for appellant, William Moss; Stubbeman, McRae, Sealy & Laughlin, Midland, Tex., Thompson, Knight, Wright & Simmons, Dallas, Tex., of counsel.

Ewell Lee Smith, Jr., Robert W. Smith, Dallas, Tex., for appellees; Lyne, Blanchette, Smith & Shelton, Dallas, Tex., of counsel.

Before HUTCHESON, Circuit Judge, LUMBARD, Chief Judge, and BROWN, Circuit Judge.

HUTCHESON, Circuit Judge.

This case involves claims to, and growing out of, oil and gas leases on lands which the defendants, Johnston and Moss, had obtained in (1) Ector County, (2) Jones County, (3) Garza County, and (4) Scurry County, Texas, and (5) Lea County, New Mexico.

Plaintiffs, Goggin and Munson G. Shaw Co., alleged that the defendant Johnston was acting as plaintiffs' agent and confidant and owed them the duty of complete disclosure and fair dealing...

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