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NEWELL v. PHILLIPS PETROLEUM CO.

No. 2778.

144 F.2d 338 (1944)

NEWELL et al. v. PHILLIPS PETROLEUM CO. et al.

Circuit Court of Appeals, Tenth Circuit.

August 14, 1944.

Attorney(s) appearing for the Case

Harry O. Glasser, of Enid, Okl., and Henry S. Johnston, of Percy, Okl., for appellants.

Rayburn L. Foster, of Bartlesville, Okl. (Don Emery and D. E. Hodges, both of Bartlesville, Okl., and E. G. DeParade, of Oklahoma City, Okl., on the brief), for appellees.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

BRATTON, Circuit Judge.

A. Mae Newell owned 22 lots in Armourdale Addition to Oklahoma City, Oklahoma. She executed an oil and gas lease covering the premises which contained the conventional royalty provision of 1/8th of the oil and gas produced. By various assignments, Phillips Petroleum Company acquired lease; and it was consolidated or communitized for oil and gas purposes, which had the effect of limiting the royalty rights of A. Mae Newell in the entire area...

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