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PETERSEN v. ROBINSON OIL & GAS COMPANY

No. 13896.

356 S.W.2d 217 (1962)

Herman PETERSEN et ux., Appellants, v. ROBINSON OIL & GAS COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Houston.

April 5, 1962.

Attorney(s) appearing for the Case

Wilson M. Rutherford, El Campo, for appellant.

Trotter, Cramer & Childs, Ray T. Fortenbach, K. Pat Gregory, Houston, for appellees C. J. Downey and D. F. W. Downey.

Wm. J. Zeman, Lloyd G. Minter, Bartlesville, Okl., E. H. Brown, R. K. Batten, Marion R. Froehlich, Houston, for appellee Phillips Petroleum Co.

COLEMAN, Justice.

This is a suit to cancel and terminate an oil, gas and mineral lease on the ground that the primary term of the lease had expired prior to the time drilling operations began. After a trial to the court without a jury, the desired relief was denied.

The lease involved in this controversy was dated March 27, 1947, and contained the following material provisions:

"2. Subject to the other provisions herein contained this lease shall...

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