C. C. Duke and C. T. Duke v. Sun Oil Company and Pan American Petroleum Corporation

*857JOHN R. BROWN, Circuit Judge.

On this appeal by the Lessors, we are confronted with the correctness of the Judge’s charge as given to the jury, his failure to give certain issues and instructions requested by the Lessors, and whether the Judge erred in granting the Lessees’ motion for partial summary judgment. These questions primarily involve a construction of an oil and gas lease to determine if the well involved was “producing gas only” within the meaning of the lease, and if so, whether shut-in gas royalty payments were timely made in the manner authorized by the lease. Although as to much…