Bennion v. Pennzoil Co.

In this case, we again consider the certi-fiability of an order declared final for purposes of appeal under rule 54(b) of the Utah Rules of Civil Procedure.

Plaintiff Sam Bennion is a nonconsenting interest owner of unleased fractional mineral interests in fourteen oil and gas wells located in Uintah and Duchesne Counties, Utah. As owner, Bennion is entitled to a proportionate share of oil, gas, and natural gas liquids after the wells have reached pay-out status. Defendant Pennzoil has operated those wells since 1985.

Defendant Proven Properties had an asset sales agreement with Chevron Oil…