Jimmie Cook, a Single Woman v. El Paso Natural Gas Company, a Delaware Corporation, and Phillips Petroleum Company, a Delaware Corporation

WILLIAM E. DOYLE, Circuit Judge.

In this action the question is whether the plaintiff, who owns a five percent overriding royalty interest in an oil and gas lease, is entitled to recover a compensatory royalty on the basis that the defendants who own a gas well which is located on an adjoining lease have drained gas from a lease under which plaintiff has the five percent overriding royalty interest.

The case was first filed in the State District Court for New Mexico, Eddy County. The defendants, El Paso Natural Gas Company and Phillips Petroleum Company, petitioned for removal to the United…