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MASSIE v. INEXCO OIL CO.

No. 85-4724.

798 F.2d 777 (1986)

Charles William MASSIE, III, Plaintiff-Appellee, v. INEXCO OIL COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 29, 1986.

Attorney(s) appearing for the Case

John M. McCollam, Gordon, Arata, McCollam, Stuart & Duplantis, Philip N. Asprodites, New Orleans, La., for defendant-appellant.

Carl W. Cleveland, Bruce S. Kingsdorf, New Orleans, La., for plaintiff-appellee.

Before REAVLEY, RANDALL and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Defendant appeals a judgment ordering the partial cancellation of its mineral lease. We disagree with the district court's interpretation of the lease and reverse.

I.

The genesis of this litigation comes from a mineral lease granted to Inexco Oil Company by Charles William Massie. The lease, dated October 14, 1977, contains a typical habendum clause which grants Inexco a primary...

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