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AMERICAN TRAD. & PRO. CORP. v. PHILLIPS PETRO. CO.

No. 6004.

449 S.W.2d 794 (1969)

AMERICAN TRADING AND PRODUCTION CORPORATION et al., Appellants, v. PHILLIPS PETROLEUM COMPANY et al., Appellees.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied February 4, 1970.

Attorney(s) appearing for the Case

Garland Casebier, Frank C. Ashby, Midland, John S. McDaniel, Jr., Baltimore, Md., Cable, McDaniel, Bowie & Bond, Baltimore, Md., of counsel, for appellant.

W. B. Browder, Jr., Midland, Carl Jones, Asst. Gen. Atty., William Zeman, Loyd G. Minter, Bartlesville, Okl., Joe V. Peacock, Chief Attorney, Gerald Fitz-Gerald, G. G. Hazel, Raymond A. Lynch, Midland, for appellees.

OPINION

FRASER, Chief Justice.

The statement of nature and result of the case is substantially set forth in appellants' brief and appears to be reasonably satisfactory to the various appellees. This statement and nature of the case by appellants is substantially as follows:

The immediate suit grew out of a Rule 37 case, wherein appellant American Trading and Production Corporation (sometimes referred to as American Trading or simply as ATAPCO) obtained...

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