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TEMPLE v. CONTINENTAL OIL CO.

No. 40,573

182 Kan. 213 (1958)

320 P.2d 1039

W.F. TEMPLE, LUCY TEMPLE, MELVIN TEMPLE, J.L. TEMPLE, MAY LIVINGSTON, KATHRYN L. EMLER, CARRIE MOWREY, GEORGIA G. PATEE, HAROLD GIBSON and SOUTHLAND ROYALTY CO., (Plaintiffs), Appellees, v. CONTINENTAL OIL COMPANY, a Corporation, CITIES SERVICE OIL COMPANY, a Corporation, and SHELL OIL COMPANY, a Corporation, (Defendants), Appellants, and ARGO OIL CORPORATION, (Defendant), Appellee.

Supreme Court of Kansas.

Opinion filed January 25, 1958.

Attorney(s) appearing for the Case

Fred L. Conner, of Great Bend, and Richard R. Linn, of Oklahoma City, Oklahoma, argued the cause, and T.B. Kelley, and Glenn Opie, both of Great Bend. R.O. Mason, of Bartlesville, Oklahoma, Jesse M. Davis, and Gordon Watts, both of Tulsa, Oklahoma, were with them on the briefs for appellants.

Harold Gibson, of Lyons, argued the cause and was on the briefs for appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This action is brought by the landowners and other royalty owners to cancel an oil and gas lease as to a portion of a quarter section leasehold for violation of an implied covenant to develop. Defendants have appealed from a judgment in which they were allowed a period of four months from June 29, 1956, in which to commence the drilling of an oil and gas well...

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