Old Kent Bank & Trust Co. v. Amoco Production Co.

OPINION

HILLMAN, Chief Judge.

On December 20, 1984, plaintiff, Old Kent Bank & Trust Company (“Old Kent”), as trustee of the Atrium Trust, filed a five count complaint against defendants, AMOCO Production Company (“AMOCO”) and Gulf Oil Corporation (“Gulf”) claiming deficiencies in royalty payments respecting twenty seven oil and gas wells located in Kalkaska County. The twenty seven wells aggregate 3,060 acres. Plaintiff owns a one-sixteenth non-participating royalty in some 2,155 acres of the drilling units. Pursuant to three oil and gas leases and related conveyances, defendants have the…