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HOWARD v. SUN OIL COMPANY

No. 25829.

404 F.2d 596 (1968)

Andrew H. HOWARD and Mrs. Inez Howard, Appellants, v. SUN OIL COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 15, 1969.

Attorney(s) appearing for the Case

Michael R. Eubanks, Lumberton, Miss., for appellants.

E. M. Cage, Dallas, Tex., John T. Armstrong, Hazlehurst, Miss., for appellee.

Before DYER and SIMPSON, Circuit Judges, and CABOT, District Judge.

Rehearing En Banc Denied January 15, 1969.

DYER, Circuit Judge:

Asserting legal title to ten acres of land through adverse possession, the Howards brought this action against Sun for trespass and wrongful conversion of oil taken by Sun under a lease to Sun from the record owners of the land, the Moody heirs. The District Court entered summary judgment for Sun, finding that the question of title to the land and oil thereunder had been settled between the record...

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