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MANGES v. GULF OIL CORPORATION

No. 24760.

394 F.2d 487 (1968)

Clinton MANGES, Appellant, v. GULF OIL CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 24, 1968.

Attorney(s) appearing for the Case

Roger Butler, Luther E. Jones, Jr., Corpus Christi, Tex., John F. Tomlin, Pecos, Tex., Russell Morton Brown, Brown, Goodpasture & Block, Washington, D. C., Butler, Schraub & Gandy, Corpus Christi, Tex., for appellant.

Booth Kellough, New Orleans, La., William L. Kerr, Robert W. Fuller, Morgan Copeland, Kerr, Fitz-Gerald & Kerr, Edwin S. Hurst, Midland, Tex., for appellee.

Before TUTTLE, GEWIN and GODBOLD, Circuit Judges.

TUTTLE, Circuit Judge:

Appellant Manges, owner of the surface estate of the McElroy ranch in Upton and Crane Counties, Texas, brought this diversity suit against the Gulf Oil Corporation, present lessee of the mineral estate, seeking to compel Gulf specifically to perform a pipeline burial covenant in each lease or pay damages. The trial court granted appellee's motion for summary judgment. We affirm on the basis of our recent decision in Mobil Oil Corp. v. Brennan...

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