CLINKENBEARD v. CENTRAL SOUTHWEST OIL CORP.

No. 74-3338.

526 F.2d 649 (1976)

Edrel L. CLINKENBEARD, Plaintiff-Appellee, v. CENTRAL SOUTHWEST OIL CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 1, 1976.


Attorney(s) appearing for the Case

John Guittard, Dallas, Tex., for defendant-appellant.

Craig M. Fowler, Irving, Tex., for plaintiff-appellee.

Before TUTTLE, THORNBERRY and CLARK, Circuit Judges.


THORNBERRY, Circuit Judge:

This is a suit for rescission of an assignment of an oil lease to federal lands in New Mexico that was won by appellee Clinkenbeard in a lottery conducted by the Department of the Interior. The district court found that the assignee, Central Southwest, had a fiduciary duty as an agent to Clinkenbeard, the assignor, and that, because Central Southwest took the assignment without revealing to Clinkenbeard all relevant information concerning...

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