COMISKEY, District Judge.
Nicholas D. Olivier, plaintiff, holds an overriding royalty in a lease wherein Humble Oil & Refining Company is named the lessee and Dr. Noah S. Cutrer is the lessor. The lease is dated December 19, 1953 and covers certain property in Plaquemines Parish, Louisiana, part of which property consists of 57.36 acres of land which is the area disputed in this case.
Four years before Humble got its lease from Cutrer on October 31, 1949...
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