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McCUE v. DEERFIELD GAS PRODUCTION CO.

Nos. 38,683, 38,684, 38,685

173 Kan. 302 (1952)

245 P.2d 1191

B.C. McCUE and DELLA A. McCUE, Appellees, v. DEERFIELD GAS PRODUCTION COMPANY, a corporation, KEARNEY GAS PRODUCTION COMPANY, a corporation, and KANSAS-NEBRASKA NATURAL GAS COMPANY, INC., a corporation, Appellants. L.F. RODERICK and FLORENCE R. RODERICK, Appellees, v. DEERFIELD GAS PRODUCTION COMPANY, a corporation, KEARNEY GAS PRODUCTION COMPANY, a corporation, and KANSAS-NEBRASKA NATURAL GAS COMPANY, INC., a corporation, Appellants. RALPH E. THORPE and ZERA THORPE, Appellees, v. DEERFIELD GAS PRODUCTION COMPANY, a corporation, KEARNEY GAS PRODUCTION COMPANY, a corporation, and KANSAS-NEBRASKA NATURAL GAS COMPANY, INC., a corporation, Appellants.

Supreme Court of Kansas.

Opinion filed July 3, 1952.

Attorney(s) appearing for the Case

W.R. Martin, of Wichita, argued the cause, and James D. Conway, of Hastings, Nebraska, George B. Collins, C.L. Williams, Oliver H. Hughes, K.W. Pringle, Jr., all of Wichita, and Logan N. Green, Roland H. Tate, and Daniel R. Hopkins, all of Garden City, were with him on the briefs for the appellant.

Dale M. Stucky, of Wichita, argued the cause, and Howard T. Fleeson, Homer V. Gooing, Wayne Coulson, Paul R. Kitch, Donald R. Newkirk, George W. Holland, all of Wichita, and A.E. Kramer and Bernard E. Nordling, both of Hugoton, were with him on the briefs for the appellees.

The opinion of the court was delivered by

HARVEY, C.J.:

These three cases present the same legal question. They were consolidated for argument in the court below and are consolidated here for the purpose of abstract and briefs. However, the abstract is set out only in case No. 38,684. The appeal is by the last defendant named only from an order overruling its special demurrer to paragraph 6 of the petition and from an order overruling its general demurrer...

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