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PAN AMERICAN PETROLEUM CORPORATION v. CANDELARIA

No. 9848.

403 F.2d 351 (1968)

PAN AMERICAN PETROLEUM CORPORATION, Northeast Blanco Development Corp., Blackwood & Nichols Company, a partnership, El Paso Natural Gas Company, and Agnes M. Lloyd, individually and as ancillary executrix of the Estate of A. M. Lloyd, deceased, Appellants, v. Manuelita CANDELARIA, Mrs. J. D. Salazar, Maria C. Moreno, Bennie C. Martinez, Genevieve Candelaria, Ana Maria Candelaria, Augustina Baumer, Frank Candelaria, Maria Elena Byron, Dolores A. Candelaria, a minor by her guardian and mother, Mary O. Candelaria, Mary O. Candelaria, individually, and Orville C. McCallister, Jr., Appellees.

United States Court of Appeals Tenth Circuit.

November 12, 1968.

Attorney(s) appearing for the Case

Paul A. Cooter and Robert A. Johnson, Roswell, N. M. (Atwood & Malone, Roswell, N. M., Hardie, Grambling, Sims & Galatzan, and William J. Mounce, El Paso, Tex., Cooney & Briones, and James B. Cooney, Farmington, N. M., and McAfee, Dudley, Taft, Cates & Mark, and Kenneth E. McAfee, Oklahoma City, Okla., on the brief), for appellants.

Orville C. McCallister, Jr. and James M. Durrett, Jr., of Rhodes, McCallister & Durrett, Albuquerque, N. M., for appellees.

Before LEWIS, SETH and HICKEY, Circuit Judges.

SETH, Circuit Judge.

The appellees commenced this action against the appellants asserting that they were the owners of a tract of land (and the minerals underlying it) located in Rio Arriba County, New Mexico, and thereby challenging appellants' claim to the minerals. Appellees obtained a judgment which decreed that their title to the minerals was quieted against appellants. Appellees also recovered a money judgment representing the value of natural gas produced by...

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