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FOX v. FLAG OIL CORPORATION

No. 40,148

179 Kan. 781 (1956)

298 P.2d 260

ELMER E. FOX, Appellee, v. FLAG OIL CORPORATION OF DELAWARE, a corporation, Appellant.

Supreme Court of Kansas.

Opinion filed June 9, 1956.

Attorney(s) appearing for the Case

William Wagner, of WaKeeney, argued the cause, and Edward Howell, of Oklahoma City, Oklahoma, Harry W. Colmery and James E. Smith, both of Topeka, and Ernest J. Deines, of WaKeeney, were with him on the briefs for the appellant.

E.H. Hatcher, of Topeka, argued the cause, and D.A. Hindman, of Stockton, and Marion Chipman and Kenneth Clark, both of Hill City, were with him on the briefs for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This is an action whereby plaintiff landowner seeks to quiet his title as to an outstanding mineral interest held by defendant. The appeal is by defendant from an order overruling its demurrer to the amended petition.

In view of our disposition of the case, only a brief summary of the factual background as alleged in the amended petition and exhibits attached thereto, is required.

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