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DONLAN v. WEAVER

Docket No. 23543.

118 Cal.App.3d 675 (1981)

173 Cal. Rptr. 566

JOSEPH J. DONLAN et al., Plaintiffs and Appellants, v. CARL M. WEAVER et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division Two.

May 1, 1981.

Attorney(s) appearing for the Case

COUNSEL

John A. Dundas II and Shepherd, Shepherd & Dundas for Plaintiffs and Appellants.

David M. Garland and R.F. Wade for Defendants and Respondents.

OPINION

KAUFMAN, Acting P.J.

Plaintiffs commenced this action under former Code of Civil Procedure section 751.3, now section 772.030 of the Code of Civil Procedure,1 which authorizes the owner of land upon which there is an oil and gas lease to institute an action to terminate the lessee's right of entry to or occupation of the surface or surface zone of the leasehold land under specified circumstances...

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