Barby v. Cabot Corp.

OPINION

DAUGHERTY, District Judge.

Plaintiff owns certain mineral interests under six producing oil and gas leases in which he is one of the lessors and the Defendant is the lessee/operator. All producing wells on the six leases are gas wells. None are oil wells. A number of the gas wells also produce condensate. The gas is delivered to gas pipe lines. After going through separators, the condensate is stored in tanks erected by the lessee and is then removed from them for marketing separate from the gas.

Plaintiff has been receiving cash royalty for the said condensate (and the gas) for several…