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HUMBLE OIL & REFINING COMPANY v. COPELAND

Nos. 11563, 11564.

398 F.2d 364 (1968)

HUMBLE OIL & REFINING COMPANY, Defendant-Counterclaimant, Appellant, v. Eva Goggans COPELAND, Eloise Welch Wright, Crozier Welch, Drayton N. Barksdale and the South Carolina National Bank of Charleston (Columbia Branch), Executor of the Estate of Sarah Linda Welch, Deceased, Plaintiffs, Appellees. Daniel R. BULLARD, Wilfred T. Doherty, Lester Settegast, and Roger J. Wolfe, as Trustees of the Robert A. Welch Foundation, Interpleaded Defendants, Appellants, v. Eva Goggans COPELAND, Eloise Welch Wright, Crozier Welch, Drayton N. Barksdale and the South Carolina National Bank of Charleston (Columbia Branch), Executor of the Estate of Sarah Linda Welch, Deceased, Plaintiffs, Appellees.

United States Court of Appeals Fourth Circuit.

Decided June 25, 1968.

Attorney(s) appearing for the Case

Charles W. Knowlton, Columbia, S. C. (W. C. Boyd, Boyd, Bruton, Knowlton & Tate, Columbia, S. C., and Andrews, Kurth, Campbell & Jones, Houston, Tex., on brief), for appellants in No. 11563.

Tom M. Davis, Houston, Tex. (C. H. McCall, and Baker, Botts, Shepherd & Coates, Houston, Tex., T. Sam Means, Jr., and Means, Evins, Browne & Hamilton, Spartanburg, S. C., on brief), for appellants in No. 11564.

James C. Parham, Jr., Greenville, S. C. (Alfred F. Burgess and C. Thomas Wyche, and Wyche, Burgess, Freeman & Parham, Greenville, S. C., on brief), for appellees.

Before SOBELOFF, BOREMAN and BUTZNER, Circuit Judges.

BUTZNER, Circuit Judge:

The oft-found conflict among state courts and between state and federal courts complicates this controversy over Texas oil royalties. We believe the issue should be decided by a Texas court and accordingly direct the United States District Court for the District of South Carolina to dissolve its injunction prohibiting the parties from litigating the question in Texas.

Miss Sarah Linda Welch, a lifelong resident of South Carolina, died...

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