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DUKE v. SUN OIL COMPANY

No. 19975.

323 F.2d 518 (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.

October 15, 1963.

Attorney(s) appearing for the Case

B. T. Fitzhugh, Booker, Tex., Robert D. Lemon, Edward L. Atkinson, Perryton, Tex., for appellants.

George S. Terry, J. Colbert Peurifoy, Dallas, Tex., H. A. Berry, Amarillo, Tex., for appellees.

Before CAMERON, BROWN and WISDOM, Circuit Judges.

PER CURIAM.

The Lessors' Petition for Rehearing is granted to this extent. In light of Steeple Oil & Gas Corp. v. Amend, Tex.Civ.App., 1960, 337 S.W.2d 809, error ref'd, n. r. e., and the cases discussed in Lasater, Shut-In Royalty in Texas, 26 Tex.B.J. 365, 412 (1963), we conclude that we ought not at this stage to hold as a matter of law that the anniversary date for payments of shut-in royalty was established by the actual...

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