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GULF OIL CORPORATION v. OLIVIER

No. 26296.

412 F.2d 938 (1969)

GULF OIL CORPORATION and Estate of William G. Helis, et al., Appellants, v. Nicholas D. OLIVIER, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 14, 1969.

Attorney(s) appearing for the Case

Booth Kellough, Melvin Evans, New Orleans, La., H. M. Holder, Shreveport, La., Morris Wright, Bernard J. Caillouet, H. H. Hillyer, Jr., R. King Milling, New Orleans, La., for appellants.

Arthur C. Reuter, New Orleans, La., for appellee.

Before THORNBERRY and DYER, Circuit Judges, and FISHER, District Judge.

THORNBERRY, Circuit Judge:

The controversy began as a simple suit on a debt with Nicholas Olivier, the plaintiff-appellee, suing Humble Oil, one of the appellants, to recover overriding royalty payments carved out of an oil and gas lease on 57.36 acres of land in Plaquemines Parish, Louisiana. Humble did not deny that it was producing as lessee under the lease alleged in the complaint, which we shall call the Cutrer-Olivier lease, nor did it challenge the validity...

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