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BACA LAND & CATTLE COMPANY v. NEW MEXICO TIMBER, INC.

No. 9054.

384 F.2d 701 (1967)

BACA LAND & CATTLE COMPANY and Dunigan Tool & Supply Company, and George W. Savage, Trustee under Liquidating Trust Agreement, Appellants, v. NEW MEXICO TIMBER, INC., and T. P. Gallagher and Co., Inc., Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied December 7, 1967.

Attorney(s) appearing for the Case

Harry L. Bigbee, G. Stanley Crout, Santa Fe, Bryan G. Johnson, J. J. Monroe, Albuquerque, N. M., Frank M. Harrell, Abilene, Tex., for appellant.

Lewis R. Sutin, Albuquerque, N. M., for appellees.

Before JONES, SETH and HICKEY, Circuit Judges

HICKEY, Circuit Judge

The appellants, Baca Land & Cattle Company and Dunigan Tool & Supply Company, are successors to a reversionary interest created by a contract and deed which conveyed timber rights for a term of 99 years to the predecessors in title of appellees. Appellants filed a claim seeking in Count I a declaratory judgment establishing the parties' interests under the deed and contract. Count II seeks damages for timber cut in violation of the terms...

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