Mobil Oil Corporation, Formerly Socony Mobil Oil Company, Inc. v. Leonard J. Brennan Et Ux.

THORNBERRY, Circuit Judge:

Appellee, owner of the surface estate of a 3,009-acre ranch in Duval County, Texas, brought this diversity suit against the Mobil Oil Corporation, present owner of % of the mineral estate. By this suit, Mr. Brennan sought to compel Mobil to bury pipelines running over the surface of the land, to remove abandoned concrete foundations, and to pay damages for failure to bury pipelines and remove concrete foundations upon prior request. In overruling appellant’s motion for summary judgment, the district court held that appellee, as successor in title to the surface…