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YELDERMAN v. McCARTHY

No. 15825.

474 S.W.2d 781 (1971)

Dr. R. L. YELDERMAN et ux., Appellants, v. Glenn H. McCARTHY et al., Appellees.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied January 6, 1972.

Attorney(s) appearing for the Case

Helm, Jones & Pletcher, Richard P. Hogan, Thomas Brennan, Houston, for appellants.

Peareson, Scherer, Roberts & Slone, Charles R. Slone, Richmond, for appellees.

COLEMAN, Justice.

This is a suit to recover royalties alleged to be due under the terms of an oil and gas lease and to recover damages to the surface estate caused by the operation of the leasehold owner. The case was tried to the court without a jury, and resulted in a judgment that the plaintiffs take nothing.

The principal issue involved is the validity of a gas unit created under the authority of the unitization...

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