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AMOCO PRODUCTION CO. v. U.S.

Nos. 85-2530, 85-2531.

852 F.2d 1581 (1988)

AMOCO PRODUCTION COMPANY, et al., Plaintiffs-Appellees, v. UNITED STATES of America, et al., Defendants-Appellees, Flying Diamond Oil Corporation, etc., et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

August 2, 1988.

Attorney(s) appearing for the Case

William J. Cayias of Cayias, Livingston and Smith, Salt Lake City, Utah, for defendants-appellants Eugene Newton, Edna Elliott Newton, Roy Jacobson, Ann N. Jacobson and Newton Sheep Co., and John W. Horsley (Joseph J. Palmer and Royal I. Hansen with him on the briefs) of Moyle & Draper, P.C., Salt Lake City, Utah, for defendant-appellant Bow Valley Petroleum Inc.

Claron C. Spencer of Beesley, Spencer & Fairclough, Salt Lake City, Utah (Robert C. Grable of Kelly, Appleman, Hart & Hallman, for Bass Enterprises Production Co., Fort Worth, Tex., with him on the brief), for defendant-appellee Bass Enterprises Production Co.

Before McKAY, SEYMOUR and BALDOCK, Circuit Judges.

McKAY, Circuit Judge.

This case involves the interpretation of a deed that conveys a one-half mineral interest in specified lands.

In 1972, Hyrum J. Newton & Sons Sheep Company (the Newtons) conveyed "an undivided ½ interest in and to all the oil, gas and other minerals" (except coal) in approximately 9,316 acres of land in Summit County, Utah, to Bass Enterprises Production Company (Bass). In 1976, approximately

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