No. 15495. December 13, 1955. Rehearing Denied January 24, 1956. C.J. Roberts, E.H. Foster, Amarillo, Tex., R.L. Foster, Harry D. Turner, Bartlesville, Okla., for appellant. Howard F. Saunders, Sanders, Scott, Saunders Smith, Amarillo, Tex., for appellee. Before HUTCHESON, Chief Judge, and TUTTLE and BROWN, Circuit Judges. HUTCHESON, Chief Judge. Brought by Phillips Petroleum Company, hereinafter called "Phillips", the assignee of the lessee in two oil and gas leases dated February 28, 1944, one