MATZEN v. HUGOTON PRODUCTION CO.

No. 40,745

182 Kan. 456 (1958)

321 P.2d 576

CARL F. MATZEN and MARY S. MATZEN, Appellees and Cross-appellants, v. HUGOTON PRODUCTION COMPANY, a Corporation, Appellant and Cross-appellee.

Supreme Court of Kansas.

Opinion filed February 14, 1958.


Attorney(s) appearing for the Case

Mark H. Adams, of Wichita, and G.R. Redding, of Indianapolis, Indiana, argued the cause, and Ray H. Calihan, Logan N. Green, Daniel R. Hopkins, Ray H. Calihan, Jr., of Garden City, Samuel H. Riggs, of Liberal, Charles E. Jones, William I. Robinson, J. Ashford Manka, Clifford L. Malone, Mark H. Adams II and John S. Seeber, of Wichita, were with them on the briefs for appellant and cross-appellee.

Wayne Coulson, of Wichita, argued the cause, and A.E. Kramer and Bernard E. Nordling, of Hugoton, Homer V. Gooing, Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, Robert J. Hill, Gerrit H. Wormhoudt, Theodore C. Geisert and Philip Kassebaum, of Wichita, were with him on the briefs for appellees and cross-appellants.


The opinion of the court was delivered by

FATZER, J.:

This was an action to recover the landowners' royalty from November 1, 1954, to April 30, 1955, under a producing oil and gas lease in the Hugoton Gas Field (field). The principal question presented is the amount to be paid to plaintiff lessors as royalty under the terms of the leases in effect between them and the defendant Hugoton Production Company (Hugoton) as lessee operator. A jury was waived and...

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