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FOSTER v. ATLANTIC REFINING COMPANY

No. 20642.

329 F.2d 485 (1964)

Zara FOSTER et al., Appellants, v. The ATLANTIC REFINING COMPANY, Appellee. The ATLANTIC REFINING COMPANY, Appellant, v. Zara FOSTER et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 29, 1964.

Attorney(s) appearing for the Case

Homer E. Dean, Jr., for Lloyd, Lloyd & Dean, Alice, Tex., Allen Wood, for Fischer, Wood, Burney & Nesbitt, Corpus Christi, Tex., J. G. Knight, Beeville, Tex., for appellants.

John G. Seaman, Corpus Christi, John W. Stayton, Black & Stayton, Austin, Tex., for appellee Atlantic Refining Co.

Before HUTCHESON, BREITENSTEIN, and BELL, Circuit Judges.

BREITENSTEIN, Circuit Judge.

We have here a complex controversy between lessors and lessee over their respective rights under a Texas oil and gas lease. The issues concern the failure to account for royalties due, to pay compensatory royalties, to produce and market, and to develop. The factual issues were presented to a jury which answered numerous special interrogatories. The trial court gave judgment in favor of the lessors and against the lessee in the sum of...

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