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NORTHERN NATURAL GAS CO. v. REPUBLIC NATURAL GAS CO.

No. 38,449

172 Kan. 450 (1952)

241 P.2d 708

NORTHERN NATURAL GAS COMPANY, Appellee, v. REPUBLIC NATURAL GAS COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed March 8, 1952.

Attorney(s) appearing for the Case

George Siefkin, of Wichita, argued the cause, and George B. Powers, Samuel E. Bartlett, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, and Robert C. Foulston, all of Wichita, were with him on the briefs for the appellant.

Mark H. Adams, of Wichita, argued the cause, and Lawrence I. Shaw, E.M. Petersen, and F.V. Roach, all of Omaha, Nebraska, and Charles E. Jones, William I. Robinson, J. Ashford Manka, and Orval L. Fisher, all of Wichita, and Auburn Light, of Liberal, were with him on the briefs for the appellee.

The opinion of the court was delivered by

HARVEY, C.J.:

Plaintiff brought this action under our declaratory judgment statute (G.S. 1949, 60-3127 et seq.) seeking a binding adjudication and consequential relief respecting a contract between the parties. Defendant answered denying the interpretation of the contract alleged by plaintiff and that plaintiff was entitled to the relief sought, and prayed that the action be dismissed. It also filed a cross...

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