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TOMLIN v. PETROLEUM CORP. OF TEXAS

No. 11-85-039-CV.

694 S.W.2d 441 (1985)

J.E. TOMLIN et ux., Appellants, v. PETROLEUM CORPORATION OF TEXAS, Appellee.

Court of Appeals of Texas, Eastland.

June 13, 1985.

Attorney(s) appearing for the Case

John R. Cook, Thompson & Cook, Breckenridge, for appellants.

Frank L. Jennings, Jennings, Dies, Turner & Knight, Graham, for appellee.

McCLOUD, Chief Justice.

J.E. Tomlin and his wife, Betty Tomlin, lessors, sued Petroleum Corporation of Texas (PETCO), lessee, seeking a declaratory judgment under the Uniform Declaratory Judgment Act, TEX.REV.CIV.STAT. ANN. art. 2524-1 (Vernon 1965) concerning their rights and status under an oil, gas, and mineral lease entered into by the parties. The Tomlins alleged that the lease terminated for failure to produce "oil." Alternatively, they contended that the lease...

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