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KELLERMAN v. MILLER

No. 21738.

354 F.2d 46 (1965)

R. E. KELLERMAN et al., Appellants, v. Preston J. MILLER, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 25, 1966.

Attorney(s) appearing for the Case

J. Mort Walker, Jr., Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., for appellants.

James Domengeaux, Fredric G. Hayes, Domengeaux & Wright, Lafayette, La., for appellee.

Before WOODBURY, JONES and GEWIN, Circuit Judges.

PER CURIAM.

This diversity case presents difficult questions of law under a mineral lease of a 78 acre tract of land located in the State of Louisiana. The trial court correctly observed, "The undeniable fact is that with only 78 acres included in the lease, the form of the lease was just not suitable for operations in a gas area." The United States District Court for the Western District of Louisiana rendered summary judgment cancelling the lease in a suit filed...

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