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FIRST NAT. BANK OF JACKSON v. PURSUE ENERGY CORP.

No. 85-4291.

784 F.2d 659 (1986)

FIRST NATIONAL BANK OF JACKSON, as Trustee of the Dr. J.E. Wadlington Family Trust, Plaintiff-Appellee, v. PURSUE ENERGY CORPORATION, 3300 Corporation, and Grace Petroleum Corporation, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 12, 1986.

Attorney(s) appearing for the Case

Alex A. Alston, Jr., Janice Holly Parsons, Jackson, Miss., for Pursue Energy Corp. and Grace Petroleum Corp.

Thomas L. Kirkland, Jr., Jackson, Miss., for 3300 Corp.

W. McDonald Nichols, Wise & Carter, J. Leray McNamara, Jackson, Miss., for First Nat. Bank of Jackson.

Before THORNBERRY, RUBIN and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This appeal requires us to determine whether the district court properly granted summary judgment for the appellee, holding that the lessor's interpretation of an oil, gas and mineral lease, that sulphur royalties were to be paid under the gas royalty paragraph, was correct. Because we find that the lease is ambiguous as to which clause applies to the payment of royalties on sulphur, and because we find that prior case law by this court...

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