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SCHROEDER v. TEXAS CO.

No. 37,943

169 Kan. 607 (1950)

219 P.2d 1063

WILLIAM J. SCHROEDER, Appellant, v. THE TEXAS COMPANY, a Corporation, MAGNOLIA PETROLEUM COMPANY, a Corporation, LION OIL COMPANY, a Corporation, ATLANTIC REFINING COMPANY, a Corporation, ARTNELL COMPANY, a Corporation, THE EWERSSIMPSON OIL CORPORATION, a Corporation, GULF OIL CORPORATION, a Corporation, STANOLIND OIL AND GAS COMPANY, a Corporation, JOSEPH S. KANTOR, HERNDON DRILLING COMPANY, a Corporation, I.W. MURFIN, W.R. MURFIN, and MERCURY DRILLING COMPANY, a Corporation, Appellees.

Supreme Court of Kansas.

Opinion filed July 8, 1950.

Attorney(s) appearing for the Case

Paul L. Aylward, of Ellsworth, argued the cause, and George D. Miner, of Ellsworth, was with him on the briefs for the appellant.

V.E. Danner, of Ellsworth, argued the cause, and H.A. Santry, of Ellsworth, W.E. Holmes, Donald I. Mitchell and Lyndon Gamelson, all of Wichita, and Philip R. Wimbish, of Tulsa, Okla., were with him on the briefs for the appellees, The Texas Company and The Atlantic Refining Company.

The opinion of the court was delivered by

PARKER, J.:

Plaintiff brought this action against thirteen different defendants to recover damages both actual and punitive, alleged to have been sustained by him as a result of their action in permitting salt water and other mineralized liquids to escape and flow upon his lands from certain of their oil and gas operating leaseholds.

Issues having been joined, by pleadings which are not in controversy and hence...

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