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WAGGONER & ZELLER OIL COMPANY v. DEIKE

No. 12120.

508 S.W.2d 163 (1974)

WAGGONER & ZELLER OIL COMPANY et al., Appellants, v. Truman DEIKE, Individually and as Independent Executrix of the Estate of Fritz F. Deike, Deceased, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied April 24, 1974.

Attorney(s) appearing for the Case

Everett J. Grindstaff, Grindstaff & Grindstaff, Ballinger, for appellants.

Greg V. Gossett, Logan, Lear, Massey, Gossett & Harrison, San Angelo, for appellee.

SHANNON, Justice.

This appeal concerns a suit filed in the district court of Runnels County by Fritz F. Deike and wife, Truman Deike, for a declaratory judgment that an oil and gas lease had terminated because of the cessation, after expiration of the primary term, of production of oil and gas. Appellants are members of a partnership, Waggoner & Zeller Oil Company, and are W. M. Waggoner, A. E. Zeller, Anthony M. Cioffi, L. B. Howerton, Samuel Weill, Jr., John...

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