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UTLEY v. MARATHON OIL CO.

No. 10-97-307-CV.

31 S.W.3d 274 (2000)

O.B. UTLEY, Jr., et al., Appellants, v. MARATHON OIL COMPANY and Delhi Gas Pipeline Corporation, Appellees.

Court of Appeals of Texas, Waco.

Rehearing Overruled November 22, 2000.

Attorney(s) appearing for the Case

Roy William Hill, Fairfield, Clinard J. Hanby, The Woodlands, for appellants.

Greg White, McGregor & White, Waco, Jon David Ivey, Baker & Hostetler, L.L.P., Houston, for appellees.

Before Chief Justice DAVIS, Justice VANCE and Justice GRAY.

OPINION

TOM GRAY, Justice.

This is an oil and gas case. It arises from a lease that was executed by Utley, et al., on February 12, 1974. Utley brought suit to clear title to their property of Marathon's oil and gas lease. Utley contended that the lease had expired due to the failure of Marathon to continue operations on the lease and failed to pay shut-in royalties in the proper amounts at the proper time. After 8 days of testimony and presentation of other...

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