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KIDD v. BURLEW

No. 18575.

407 F.2d 204 (1969)

Barron KIDD and Barron Ulmer Kidd, d/b/a Bee-Kay Company, a partnership; J. T. Gist, Elizabeth D. Wellington; and Morgan Guaranty Trust Company of New York and H. G. Wellington, Jr.; Co-Executors of the Estate of H. G. Wellington, Sr., Deceased, Plaintiffs-Appellees, v. Marshall BURLEW; Ray Ryan and Helen Ryan, partners, d/b/a Ryan Oil Company; James Edgar Fox and Maude Alice Fox, Defendants-Appellants.

United States Court of Appeals Sixth Circuit.

February 19, 1969.

Attorney(s) appearing for the Case

Doran E. Perdue, Henderson, Ky., Perdue & Stigger, George E. Stigger, III, Henderson, Ky., on brief, for appellants.

William G. Craig, Owensboro, Ky., Sandidge, Holbrook, Craig & Hager, Ronald M. Sullivan, Owensboro, Ky., on brief, for appellees.

Before PHILLIPS, PECK and McCREE, Circuit Judges.

PECK, Circuit Judge.

The plaintiffs-appellees sought a declaration of rights and other specific relief under an oil and gas lease in the District Court. The controversy arose out of the different interpretation and effect given an amendment to the initial lease by the parties.

The original lessees, Bee-Kay Company (a partnership composed of Barron Kidd and Barron Ulmer Kidd), and the lessors, (James and Maude Fox), entered into an oil and gas lease covering...

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