Frey v. Amoco Production Co.

ROBERT F. COLLINS, District Judge.

Before the Court are cross-motions for partial summary judgment filed by plaintiffs and defendant in the above-styled case. Plaintiffs, Frederick J. Frey, et al., contend that there are no material issues of disputed fact and that take-or-pay payments made to defendant, Amoco Production Company (“Amoco”), by Columbia Gas Transmission Corporation (“Columbia”) are subject to the royalty provisions of plaintiffs’ lease agreement with the defendant. The defendant, Amoco, contends that there are no material facts in dispute and that plaintiffs are not entitled to…