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PHILLIPS PETROLEUM COMPANY v. McILROY

Civ. A. No. 2311.

178 F.Supp. 107 (1959)

PHILLIPS PETROLEUM COMPANY v. W. W. McILROY et al.

United States District Court N. D. Texas, Amarillo Division.

September 30, 1959.

Attorney(s) appearing for the Case

C. J. Roberts, Boyd Taylor, George W. Terry, Amarillo, Tex., for plaintiff, Phillips Petroleum Co.

Simpson, Clayton & Fullingim, Selden Simpson, Amarillo, Tex., for defendants Burnett Corp., Helen Noble Burnett and B. O. Cornelius.

Adkins, Folley, McConnell & Hankins, A. J. Folley, Amarillo, Tex., for defendant W. F. Simms.

Embry, Crowe, Tolbert, Boxley & Johnson, Wm. J. Holloway, Jr., Oklahoma City, Okl., for defendants Harris, Askew, Sharp, Howard and Toklan Oil Corp.

Underwood, Wilson, Sutton, Heare & Boyce, Clayton Heare, Amarillo, Tex., for defendants W. W. McIlroy, A. E. Herrmann Corp., G. C. Herrmann Co. and Royalties Management Corp.

Cochran, Dudley, Fowler, Rucks, Baker & Jopling, Oklahoma City, Okl., for defendants Hightower, Penn III and Royalties Services Corp., Ltd.

DOOLEY, Chief Judge.

This suit is for declaratory relief to determine the proper division of oil royalties accruing under an oil, gas and mineral lease. The lease in question dated September 3, 1947, was executed by W. F. Simms and numerous other persons and companies to R. A. Burnett and B. O. Cornelius, covering a solid body of land comprising 360 acres described in three parcels, being the North ½, the West ½ of the Northwest ¼ of the Southeast ...

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