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BURGER v. WESTERN SAND & GRAVEL CO.

No. 6106.

237 S.W.2d 725 (1950)

BURGER et al. v. WESTERN SAND & GRAVEL CO. et al.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied November 10, 1950.

Attorney(s) appearing for the Case

Morgan, Culton, Morgan, Britain & White, Amarillo, for appellants.

Gibson, Ochsner, Little, Harlan & Kinney, and Simpson, Clayton & Fullingim, all of Amarillo, for appellees.

STOKES, Justice.

On September 12, 1939, J. L. Bivins executed a lease to S. F. Sullenberger in which 3556 acres of land located in Oldham County were leased for the purpose of producing and removing rock, sand and gravel. The lease provided for a royalty to be paid to the lessor of 10¢ per cubic yard for commercial materials removed and 5¢ per cubic yard for railroad ballast removed from the land. Appellee, Western Sand and Gravel Company, is a domestic...

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