James C. Ellis and Wanda Lou Ellis, His Wife v. Arkansas Louisiana Gas Company

LOGAN, Circuit Judge.

This appeal is from the judgment in a diversity suit brought by James C. and Wanda Lou Ellis against Arkansas Louisiana Gas Company (Arkla). Plaintiffs, who own the surface rights to certain land in Oklahoma, sought damages and injunctive relief for the allegedly unauthorized storage of natural gas by Arkla in strata underlying their property. Arkla was using the strata for storage under leases from the mineral fee owners.

The district court held that the mineral fee owners did not own the strata or have the right to lease it for storage and therefore could not give Arkla…