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RICHLAND PLANTATION CO. v. JUSTISS-MEARS OIL

No. 81-1366 Summary Calendar.

671 F.2d 154 (1982)

RICHLAND PLANTATION COMPANY, Plaintiff-Appellee, v. JUSTISS-MEARS OIL COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 20, 1982.

Attorney(s) appearing for the Case

John H. Minton, Jr., Tyler, Tex., R. Joseph Wilson, Jena, La., for defendant-appellant.

Jenkins & Gilchrist, John A. Gilliam, Charles A. Gall, Dallas, Tex., for plaintiff-appellee.

Before GEE, GARZA and TATE, Circuit Judges.

TATE, Circuit Judge:

This Texas diversity suit involves the construction of an agreement to pay an additional (or overriding) royalty in the event of production, beyond that provided by a mineral lease entered into the same day between the parties. The defendant producer-lessee ("Justiss") appeals from the district court's ruling that additional royalty payments are due to the plaintiff landowner-lessor ("Richland") under the additional-royalty agreement. Justiss...

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