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COLUMBIAN FUEL CORP. v. PANHANDLE EASTERN PIPE LINE CO.

No. 39,334

176 Kan. 433 (1954)

271 P.2d 773

COLUMBIAN FUEL CORPORATION, a corporation, Appellant, v. PANHANDLE EASTERN PIPE LINE COMPANY, Appellee and Cross-appellant.

Supreme Court of Kansas.

Opinion filed June 12, 1954.

Attorney(s) appearing for the Case

H.W. Stubbs and W.P. Wesley, both of Ulysses, argued the cause and were on the briefs for the appellant.

Mark H. Adams, of Wichita, argued the cause, and Charles E. Jones, Wm. I. Robinson, J. Ashford Manka, Clifford L. Malone, all of Wichita, and Edw. H. Lange, of Kansas City, Mo., were with him on the briefs for the appellee and cross-appellant.

Conrad C. Mount, O.R. Stites, and Joe Rolston, all of Oklahoma City, Okla., Clayton E. Kline and M.F. Cosgrove, both of Topeka, and A.E. Kramer and Bernard E. Nordling, of Hugoton, were on the briefs amicus curiae.

The opinion of the court was delivered by

WEDELL, J.:

The plaintiff, Columbian Fuel Corporation, a producer of natural gas in the Kansas portion of the Hugoton gas field, sought recovery of a money judgment from the defendant, Panhandle Eastern Pipe Line Company, a corporation, a purchaser of gas.

The action has not been tried. The district court conducted a pretrial conference pursuant to G.S. 1949, 60-2705 and 60-2902 in order to determine questions...

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