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WHELAN v. KILLINGSWORTH

No. 8365.

537 S.W.2d 785 (1976)

Dan E. WHELAN, Jr. and R. J. Whelan, Appellants, v. S. H. KILLINGSWORTH and Scurlock Oil Company, Appellees.

Court of Civil Appeals of Texas, Texarkana.

May 25, 1976.

Attorney(s) appearing for the Case

Vernard G. Solomon, Huffman, Wedding, Hughey & Solomon, Marshall, for appellants.

H. P. Smead, Jr., Longview, for appellees.

CORNELIUS, Justice.

Appellants sued appellee Killingsworth to recover the cost of drilling and completing two oil wells upon a lease which, subsequent to the completion of the two wells, was adjudged to be owned by Killingsworth. Scurlock Oil Company was joined as a party because it was the purchaser of the oil produced from the two wells. The district court dismissed the action and appellants have appealed.

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