McKAY, Justice.
This is an appeal from a summary judgment granted to appellees in a severed case. Appellant is the owner of the surface estate only to an 80-acre tract of land in Wood County. Appellant's tract, together with other tracts, is subject to an oil, gas and mineral lease which is in full force and effect, being held by production. This lease is known as the Wagoner lease and comprises approximately 221 acres.
Appellee Robbins Petroleum Corporation...
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