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POHLEMANN v. STEPHENS PETROLEUM CO.

No. 4412.

197 F.2d 134 (1952)

POHLEMANN et al. v. STEPHENS PETROLEUM CO.

United States Court of Appeals Tenth Circuit.

May 7, 1952.

Attorney(s) appearing for the Case

Owen Vaughn, Chickasha, Okl. (Clarence McElroy and Melton, McElroy & Vaughn, Chickasha, Okl., were with him on the brief) for appellants.

J. H. Hewett and James D. Fellers, Oklahoma City, (Mosteller, McElroy & Fellers, L. Karlton Mosteller and John C. Andrews, Oklahoma City, Okl., were with them on the brief) for appellees.

Before PHILLIPS, Chief Judge, and BRATTON and PICKETT, Circuit Judges.

PHILLIPS, Chief Judge.

On August 3, 1940, Frank Pohlemann, as lessor, entered into an oil and gas lease with Stephens Petroleum Company,1 as lessee, covering the NW ¼ of S 33 T 6 N R 10 W, Caddo County, Oklahoma. The lease was for a primary term of five years and as long thereafter as either oil or gas should be produced from the land.

Frank Pohlemann and Kathryne H. Pohlemann brought this action to cancel the undeveloped...

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