STATE, EX REL., v. SINCLAIR PIPE LINE CO.

No. 40,271

180 Kan. 425 (1956)

304 P.2d 930

STATE OF KANSAS, ex rel. Harold R. Fatzer (John Anderson, Jr., substituted), Attorney General of the State of Kansas, and the STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Plaintiffs, v. SINCLAIR PIPE LINE COMPANY, a Delaware Corporation, SINCLAIR CRUDE OIL COMPANY, a Delaware Corporation, PRODUCERS PIPE LINE COMPANY, INC., a Kansas Corporation, and MARVIN E. BOYER, Defendants.

Supreme Court of Kansas.

Opinion filed December 8, 1956.


Attorney(s) appearing for the Case

C.C. Linley, general counsel, and D.C. Martindell, of Hutchinson, argued the cause and Charles R. Escola, assistant general counsel, state corporation commission, John Anderson, Jr., attorney general, Charles C. McCarter and Thomas Evans, both assistant attorneys general, and John F. Hayes, of Hutchinson, were on the briefs with them for the plaintiffs.

George Stallwitz, of Wichita, argued the cause and W.F. Lilleston, of Wichita, A.A. Davidson and Dudley C. Phillips, both of Independence, were with him on the briefs for the Sinclair Pipe Line Company.

Stanley E. Toland, of Iola, argued the cause and was on the briefs for the Producers Pipe Line Company, Inc., and Marvin E. Boyer.

Malcolm Miller, of Wichita, argued the cause and George B. Powers, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Robert N. Partridge and Robert M. Siefkin, all of Wichita; and Ralph W. Garrett, Cecil R. Buckles, and James H. McGowan, all of Tulsa, Oklahoma, were with him on the briefs for the Sinclair Crude Oil Company.


The opinion of the court was delivered by

SMITH, C.J.:

This is an original action in mandamus by the state on the relation of the attorney general and the corporation commission. An alternative writ was issued. The four defendants filed motions to quash the writ. The cause was finally submitted on such motions pursuant to an order of this court.

The petition alleged various powers of the commission, among them the supervision of the disposition of...

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