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SUNRAY DX OIL COMPANY v. COLE

No. 41559.

461 P.2d 305 (1967)

SUNRAY DX OIL COMPANY et al., Plaintiffs in Error, v. Rogers L. COLE and Teressa Cole, husband and wife, Defendants in Error.

Supreme Court of Oklahoma.

As Corrected and Rehearing Denied June 3, 1969.

Order Issuing Mandate June 9, 1969.

Certiorari Denied November 10, 1969.

Attorney(s) appearing for the Case

Crowe, Boxley, Dunlevy, Thweatt, Swinford & Johnson, C. Harold Thweatt, Oklahoma City, Montgomery & Montgomery, Purcell, M. Darwin Kirk, J.P. Greve, John F. Curran, Tulsa, Walker, Lawrence & Harris, Max H. Lawrence, Oklahoma City, for plaintiffs in error.

Bingaman & Smith, George Bingaman, Purcell, for defendants in error.

Certiorari Denied November 10, 1969. See 90 S.Ct. 223.

IRWIN, Vice Chief Justice.

The parties will be referred to as they appeared in the trial court.

Plaintiffs commenced the action for the termination of an oil and gas lease for failure to pay delay rentals. Defendants' defense was that it was not required to pay delay rentals to keep the lease in force and effect for the reason that a producing well had...

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