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CITIES SERVICE OIL CO. v. HILBURN

No. 13364.

351 So.2d 860 (1977)

CITIES SERVICE OIL COMPANY, Plaintiff-Appellee, v. C. A. HILBURN, Defendant-Appellant, and Petrol Industries, Inc., Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

October 31, 1977.

Attorney(s) appearing for the Case

Hugh M. Stephens, Shreveport, for defendant-appellant C. A. Hilburn.

Bodenheimer, Jones, Klotz & Simmons by J. W. Jones, Shreveport, for defendant-appellee Petrol Ind., Inc.

Blanchard, Walker, O'Quin & Roberts by George Conger, Shreveport, for plaintiffappellee Cities Service Oil Co.

Before BOLIN, PRICE and HALL, JJ.

PRICE, Judge.

Defendant, C. A. Hilburn, has appealed the judgment awarding Petrol Industries, Inc., a co-defendant in this concursus proceeding, one-half of the one-eighth lease rent royalty on mineral production from land in Caddo Parish. We reverse the judgment for the reasons assigned.

Cities Service Oil Company, the purchaser of the production from the lease in dispute, initiated this action against Hilburn and Petrol to determine which defendant is entitled...

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