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ERNE v. BROILES

Nos. 38,847 and 38,915

173 Kan. 882 (1953)

252 P.2d 612

W.H. ERNE and MARY M. ERNE, Appellees and Appellants, v. LUTHER G. BROILES, JAY T. WAGNON, C.L. FITZGERALD, H.A. HILLS and RUTH B. HILLS, Appellants and Appellees.

Supreme Court of Kansas.

Opinion filed January 24, 1953.

Attorney(s) appearing for the Case

Alvin F. Grauerholz, of Coffeyville, argued the cause and was on the briefs for the appellants and appellees.

A.R. Lamb, of Coffeyville, argued the cause, and Clement A. Reed, of Coffeyville, was with him on the briefs for the appellees and appellants.

The opinion of the court was delivered by

THIELE, J.:

The present appeals arise in an action for cancellation of an oil and gas lease and for recovery of statutory penalties and attorneys' fees.

In order that the situation may be fully understood, the abstracts and briefs disclose without dispute that on February 4, 1952, the plaintiffs commenced an action against the present defendants Broiles, Wagnon, Fitzgerald, Hills and Hills, and others including...

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