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BEZZI v. HOCKER

No. 8388.

370 F.2d 533 (1966)

Elizabeth Jane BEZZI, E. M. Woody, Marie Woody, M. Cliff West, Robert L. Gerry, Jr., individually and as Trustee of the Nancy L. Gerry Trust, and Gerry Brothers & Co., a limited partnership, Appellants, v. F. M. HOCKER, individually, W. E. Hocker, Jr., individually, Shell Oil Company, a corporation, Noel Jones, F. M. Hocker and Walter E. Hocker, Trustees, Appellees.

United States Court of Appeals Tenth Circuit.

December 27, 1966.

Attorney(s) appearing for the Case

Barth P. Walker, of Walker & Watson, Oklahoma City, Okl., for appellants.

V. P. Crowe, of Crowe, Boxley, Dunlevy, Thweatt, Swinford & Johnson, Oklahoma City, Okl. (Andrew M. Coats, Oklahoma City, Okl., with him on the brief), for appellees.

Before PICKETT, LEWIS and HICKEY, Circuit Judges.

PICKETT, Circuit Judge.

Elizabeth Jane Bezzi, one of the appellants, brought this action to recover her proportionate share of the proceeds from the sale of gas produced by the unit operator from the Elk City Hoxbar Sand Conglomerate Unit subsequent to January 11, 1961.1 Appellants owned a mineral interest in a 40 acre tract of land within the unit, which terminated on January 11, 1961. Their claim arises out of the sale of gas which was...

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