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STEVENS v. HUMBLE OIL & REFINING COMPANY

No. 21626.

346 F.2d 43 (1965)

Mrs. Lillian C. STEVENS, Testamentary Executrix of the Succession of Dr. Noah S. Cutrer and Nicholas D. Olivier, Appellants, v. HUMBLE OIL & REFINING COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 21, 1965.

Attorney(s) appearing for the Case

Arthur C. Reuter, Reuter, Reuter & Schott, New Orleans, La., for appellant, Mrs. Lillian C. Stevens, Testamentary Ex'x of Succession of Dr. Noah S. Cutrer and Nicholas D. Oliver.

H. H. Hillyer, Jr., Bernard J. Caillouet, Charles Janvier, W. J. McAnelly, Jr., Lawrence K. Benson, H. H. Hillyer, III, New Orleans, La., for appellee, Humble Oil & Refining Co., Milling, Saal, Saunders, Benson & Woodward, New Orleans, La., of counsel.

Before WISDOM and GEWIN, Circuit Judges, and BOOTLE, District Judge.

WISDOM, Circuit Judge.

For a long time this case, like other creatures spawned by Louisiana's water bottoms, has crawled sideways and backwards. Seven years ago Dr. Noah S. Cutrer, testator of Mrs. Lillian C. Stevens, and Nicholas D. Olivier began this action for cancellation of a mineral lease for nonpayment of royalties allegedly due. More than three years ago the court below ordered the defendant lessee, Humble Oil &...

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