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LEE v. PHILLIPS PETROLEUM COMPANY

Civ. A. No. 67-G-19.

329 F.Supp. 579 (1971)

W. M. LEE and Texas Mortgage Co., Plaintiffs, v. PHILLIPS PETROLEUM COMPANY and Phillips Pipeline Company, Defendants.

United States District Court, S. D. Texas, Galveston Division.

July 27, 1971.

Attorney(s) appearing for the Case

Joe G. Roady, Frank G. Evans, Cox, Evans, Pakenham & Roady, Houston, Tex., for plaintiffs.

E. H. Brown, Eugene C. Marshall, Houston, Tex., for defendants.

MEMORANDUM AND ORDER

NOEL, District Judge.

The seeds of this lawsuit were sown in 1956, when two groups of cotenants, each owning an undivided one-half interest in a single tract of land, made differing and partially inconsistent pipeline right-of-way grants or easements to the same third party. The courts of the State of Texas have not been confronted with this exact situation and therefore have not passed upon...

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