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JUL-TEX DRILLING COMPANY v. PURE OIL COMPANY

Civ. A. No. 7175.

201 F.Supp. 874 (1962)

JUL-TEX DRILLING COMPANY, Inc., Victor W. Klein and G. M. Endicott, Plaintiffs, v. The PURE OIL COMPANY and Vern N. Nelson and Bernice Nelson, Defendants.

United States District Court D. Colorado.

February 7, 1962.

Attorney(s) appearing for the Case

Baker and Smart and Bayard B. Taylor, Denver, Colo., for plaintiffs.

Holme, Roberts, More & Owen, Ted P. Stockmar, and Kenneth R. Whiting, Denver, Colo., for defendant Pure Oil Co.

George A. Epperson, Donald F. McClary and David L. Roberts, Fort Morgan, Colo., for defendants Vern N. Nelson and Bernice Nelson.

DOYLE, District Judge.

The action herein seeks a declaratory judgment construing an oil and gas lease. The defendants' motion to dismiss is for failure to state a claim upon which relief can be granted and, essentially, it asserts that the complaint fails to submit an issue justifying the granting of declaratory relief.

The complaint alleges that on or about January 29, 1951, the Nelsons gave an oil and gas lease to The Superior Oil Company with respect to...

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