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GUARANTY NAT. BANK & TRUST OF CORPUS CHRISTI v. MAY

No. 4401.

395 S.W.2d 80 (1965)

GUARANTY NATIONAL BANK AND TRUST OF CORPUS CHRISTI et al., Appellants, v. C. C. MAY and wife, Sophie May, et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied November 4, 1965.

Attorney(s) appearing for the Case

Bloch & Walton, Corpus Christi, Odeneal & Odeneal, Dallas, Waggoner Carr, Atty. Gen., of Texas, Gordon Zuber, Linwood Shivers and C. L. Snow, Jr., Asst. Attys. Gen., of Texas, Austin, for appellants.

Glusing & Sharpe, Kingsville, J. W. Cooper, Jr., Corpus Christi, for appellees.

McDONALD, Chief Justice.

This is a suit brought by plaintiff May for declaratory judgment that royalty reserved under May's lease to Arkansas Fuel Corporation had not been communitized, and for a finding that defendant Brookshires (interests) were estopped to assert such communitization if any ever occurred.

On March 12, 1958 May executed an oil and gas lease to Arkansas Fuel (now held and operated by Cities Service...

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