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FIRST NAT. BANK IN WEATHERFORD v. EXXON CORP.

No. 6946.

597 S.W.2d 783 (1980)

FIRST NATIONAL BANK IN WEATHERFORD, Texas, Appellant, v. EXXON CORPORATION et al., Appellees.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied April 23, 1980.

Attorney(s) appearing for the Case

Day & Day, Joe Day, Jr., David Ezarik, Marshall Day, Fort Worth, for appellant.

Baker & Botts, Frank G. Harmon, Stephen M. Hackerman, Carol A. Noel, Walter B. Morgan, Morgan L. Copeland, Houston, for appellees.

Sanders, Saunders, Brian, Finney & Thomas, Ronald D. Nickum, Amarillo, for amicus curiae Lillian Blanche Brent.

Brite, Drought, Bobbitt & Halter, Robert Lee Bobbitt, Jr., San Antonio, Miller, Shirley, McMicken & Eckel, Preston Shirley, Galveston, for amicus curiae The Sealy and Smith Foundation for the John Sealy Hospital.

Dyche & Wright, James T. Wright, Dennis M. Dylewski, John L. Verner, Houston, for amicus curiae Natural Gas Pipeline Company of America.

Bullock, Scott & Neisig, Tom Scott, Midland, for amicus curiae Jane Baugh Beard, et al.

David T. Duncan, Brownsville, for amicus curiae Louise Putegnat Sawyer, et al.

OPINION

STEPHEN F. PRESLAR, Chief Justice.

This is a suit to recover alleged deficiencies in royalty payments to the owner of the soil from March 1, 1974, to April 30, 1979, on gas produced from a well located in Pecos County, Texas, on a section of Relinquishment Act land. Trial was to the Court without a jury, and a take nothing judgment was entered. We affirm.

Appellant, First National Bank of Weatherford (Bank, Lessor), in its capacity as owner...

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