MINNIE E. HABY, JOINED PRO FORMA BY HER HUSBAND, HOMER E. HABY, APPELLANTS,
v.
STANOLIND OIL AND GAS COMPANY, APPELLEE

5th Cir. | 1955-09-09
No. 15197
225 F.2d 723 Court of Appeals for the Fifth Circuit (1955) Positive Treatment
Cited by 12 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant seeks to have an oil, gas and mineral lease covering lands in three sections, numbered 4, 5 and t, Block G, C. & M. R. R. Co. Survey located in Reagan County, Texas, declared terminated in so far only as it affects Sections 5 and 7. Neither the complaint nor the record discloses the changes in ownership or other facts, if any, which might keep the holders of interests under the lease in Section 4 from being indispensable parties to this litigation. While the question of indispensable parties was not raised by the parties, it may become necessary for this Court to raise it sua sponte. Hoe, v. Wilson, 9 Wall. 501, 76 U.S. 501, 19 L.Ed. 762; 3 Moore’s Federal Practice 2nd. ed., Paragraph 19.06, p. 214.

Each of the parties is requested within thirty days from this date to file in this Court such stipulation of fact, amendment, pleading or brief as, in the opinion of such party, may aid the Court in disposing of the question of indispensable parties and/or fractional termination of the lease.


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