BENNION v. UTEX OIL CO.

No. 87-2206.

905 F.2d 324 (1990)

Sam H. BENNION, Plaintiff-Appellant, v. UTEX OIL COMPANY, a Utah corporation, Defendant, and Shell Western E & P, Inc., a Delaware corporation; Shell Oil Co., a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 8, 1990.


Attorney(s) appearing for the Case

Scott C. Pierce (Peter Stirba, with him, on the briefs) of McKay, Burton & Thurman, Salt Lake City, Utah, for plaintiff-appellant.

David M. Swope (Duane D. Guy also of Shell Oil Co., Houston, Texas, and H. Michael Keller of Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, with him, on the brief), for defendants-appellees.

Before LOGAN and EBEL, Circuit Judges, and WEST, District Judge.


LOGAN, Circuit Judge.

Plaintiff Sam H. Bennion, a nonconsenting mineral owner under the Utah Oil and Gas Conservation Act, Utah Code Ann. §§ 40-6-1 to 40-6-18, brought this diversity suit seeking to compel defendants Shell Western E & P, Inc. and Shell Oil Company (collectively "Shell") to pay him his share of the production proceeds from oil and gas wells in which he had an interest. Plaintiff also sought punitive damages for Shell's alleged willful...

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