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DIAMOND SHAMROCK CORP. v. PHILLIPS

No. 74-66.

511 S.W.2d 160 (1974)

DIAMOND SHAMROCK CORPORATION, Appellant, v. Everett E. C. PHILLIPS and Lorain S. Phillips, Appellees.

Supreme Court of Arkansas.

July 8, 1974.

Attorney(s) appearing for the Case

Warner & Smith by J. H. Evans, Fort Smith, for appellant.

Sam Sexton, Jr., Fort Smith, for appellees.

BROWN, Justice.

This case involves the correlative rights of the owners of the surface estate and the separate owner of the minerals. Appellant Diamond Shamrock Corporation caused a gas well to be drilled under a proper oil and gas lease executed by the owners of the minerals. Appellees, the Phillipses, owned only the surface estate. The suit was brought on the theory that the drilling of the well at the precise location where appellees intended to build a home was...

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