LILLIBRIDGE v. MESA PETROLEUM CO.

No. 87-1578.

907 F.2d 1031 (1990)

Fred S. LILLIBRIDGE; Robert E. Johnson; Robert J. Gutru; Mrs. Robert N. Nunemacher, Executrix of the Estate of Robert N. Nunemacher, Plaintiffs-Appellants, v. MESA PETROLEUM COMPANY; MTS Limited Partnership; Texaco, Inc.; Sequoia Associates, Ltd.; A.R. Dillard, Jr.; Cobra Oil & Gas Corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 11, 1990.


Attorney(s) appearing for the Case

Jeff C. Spahn, Jr. (Lee Thompson, with him on the briefs) of Martin, Pringle, Oliver, Wallace & Swartz, Wichita, Kan., for plaintiffs-appellants.

Jim H. Goering of Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan. (Douglas L. Stanley and Charles J. Woodin of Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan., W. Lin Patterson and Robert C. Thomas of Mesa Petroleum Co., Amarillo, Tex., with him on the briefs) for defendants-appellees.

Before LOGAN, SEYMOUR, and BRORBY, Circuit Judges.


BRORBY, Circuit Judge.

This is an appeal from a summary judgment wherein the trial court held that oil and gas leases were new oil and gas leases rather than an extension or renewal of an existing lease, thus depriving appellants of an overriding royalty interest that had been carved out of the original lease.

In May 1972 the mineral owners executed and delivered to Robert Gutru an oil and gas lease. This lease covered 800 acres, had a primary term of ten...

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