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DAY & CO., INC. v. TEXLAND PETROLEUM, INC.

No. 07-85-0268-CV.

718 S.W.2d 384 (1986)

DAY & CO., INC. and Bobby G. Day, Individually, Appellants, v. TEXLAND PETROLEUM, INC., Appellee.

Court of Appeals of Texas, Amarillo.

Rehearing Denied October 15, 1986.

Second Rehearing Denied November 5, 1986.

Attorney(s) appearing for the Case

Thomas J. Griffith, Ralph H. Brock, Lubbock, for appellants.

Scott, Douglass & Luton, Frank Douglass and Carroll Martin, Austin, for appellee.

Before REYNOLDS, C.J., and COUNTISS and BOYD, JJ.

BOYD, Justice.

Appellants Day & Co., Inc. and Bobby G. Day appeal from the trial court's order granting summary judgment in favor of appellee Texland Petroleum, Inc. and John Shoaf and his wife Genelda Shoaf. John Shoaf and his wife Genelda Shoaf have not participated in this appeal. Appellants originally filed suit seeking a declaratory judgment as to the ownership by Day & Co., Inc. of the leasing or executory rights under a certain deed. Upon joint motions...

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