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HOWELL v. COOPERATIVE REFINERY ASS'N

No. 39,453

176 Kan. 572 (1954)

271 P.2d 271

W.F. HOWELL, Appellee, v. COOPERATIVE REFINERY ASSOCIATION, a Cooperative Corporation, W.A. GRANT and ELAINE GRANT, Appellants. (WICHITA BANK FOR COOPERATIVES, a Federal Cooperative Corporation, Defendant.)

Supreme Court of Kansas.

Opinion filed June 12, 1954.

Attorney(s) appearing for the Case

J.B. McKay, of El Dorado, argued the cause, and Ralph E. Hoke, of Prairie Village, and James B. McKay, Jr., of El Dorado, were with him on the brief for appellants.

Robert Martin, of Wichita, argued the cause, and Tom Smyth, of Ness City, and George B. Collins, Oliver H. Hughes, K.W. Pringle, Jr., and W.F. Schell, all of Wichita, were with him on the brief for the appellee.

The opinion of the court was delivered by

THIELE, J.:

This was an action in which the plaintiff sought to have his interest in an oil and gas lease determined. The defendant Cooperative Refinery Association, later referred to as C.R.A., and its co-defendants Grant demurred to plaintiff's petition and that demurrer being overruled, an appeal to this court was perfected by them.

The following facts are disclosed by the allegations of the petition and...

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