Sam H. Bennion v. Utex Oil Company, a Utah Corporation, and Shell Western E & P, Inc., a Delaware Corporation Shell Oil Co., a Delaware Corporation

LOGAN, Circuit Judge.

Plaintiff Sam H. Bennion, a nonconsent-ing 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 and malicious failure to pay his proportionate share of production. The district court held that plaintiff was not entitled to punitive damages…