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POMPOSINI v. T.W. PHILLIPS GAS & OIL

397 Pa.Super. 564 (1990)

580 A.2d 776

Wesley L. POMPOSINI, Appellee, v. T.W. PHILLIPS GAS AND OIL COMPANY, T.W. Phillips Gas and Oil Co., a Pennsylvania corporation, and B.D. Phillips, Jr., Appellants. Wesley L. POMPOSINI, Appellant, v. T.W. PHILLIPS GAS AND OIL COMPANY, T.W. Phillips Gas and Oil Co., a Pennsylvania corporation, and B.D. Phillips, Jr., Appellees.

Supreme Court of Pennsylvania.

Filed August 31, 1990.

Reargument Denied October 17, 1990.

Attorney(s) appearing for the Case

Kenneth W. Behrend, Pittsburgh, for appellant (at 628) and appellee (at 787).

Carolyn M. Branthoover, Pittsburgh, for appellant (at 787) and appellee (at 628).

Before ROWLEY, WIEAND and HOFFMAN, JJ.

WIEAND, Judge:

When Wesley L. Pomposini acquired title in 1951 to a tract of 175 acres in Conemaugh Township, Indiana County, the tract was encumbered by a 1946 lease "for the sole and only purpose of drilling and operating for oil and gas, with the exclusive right to operate the same for the term of twenty years, and as long thereafter as oil or gas is produced in paying quantities, or operations for oil or gas are being conducted thereon, including the right to...

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