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CASEY v. WESTERN OIL & GAS, INC.

No. 5534.

611 S.W.2d 676 (1980)

H. R. CASEY et al, Appellants, v. WESTERN OIL AND GAS, INC., Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied February 5, 1981.

Attorney(s) appearing for the Case

Allen Glenn, Glenn, Thomas & Paynter, Abilene, for appellants.

W. H. Hoffman, Jr., Hoffman & Siebert, Eastland, for appellee.

DICKENSON, Justice.

The controlling question is whether a 1929 oil and gas lease terminated when production ceased for two months in 1977.

Plaintiffs, H. R. Casey and others who own or claim surface and mineral rights in an 80 acre tract, sued Western Oil and Gas, Inc. Plaintiffs asked that Western's oil and gas lease "be declared terminated." Following a nonjury trial, judgment was rendered on May 29, 1980, that...

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