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COOK v. EL PASO NATURAL GAS CO.

No. 76-1370.

560 F.2d 978 (1977)

Jimmie COOK, a single woman, Plaintiff-Appellee, v. EL PASO NATURAL GAS COMPANY, a Delaware Corporation, and Phillips Petroleum Company, a Delaware Corporation, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided August 3, 1977.

Attorney(s) appearing for the Case

Don M. Fedric of Hunder-Fedric, P.A., Roswell, N.M., for plaintiff-appellee.

W. Thomas Kellahin of Kellahin & Fox, Santa Fe, N.M. (Owen M. Lopez of Montgomery, Federici, Andrews & Hannahs, Santa Fe, N.M., on the brief), for defendants-appellants.

Before LEWIS, Chief Judge, and BREITENSTEIN and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

In this action the question is whether the plaintiff, who owns a five percent overriding royalty interest in an oil and gas lease, is entitled to recover a compensatory royalty on the basis that the defendants who own a gas well which is located on an adjoining lease have drained gas from a lease under which plaintiff has the five percent overriding royalty interest.

The case was first filed in the State District Court for...

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