DAY v. STATE CORPORATION COMMISSION

No. 41,102

185 Kan. 165 (1959)

341 P.2d 1028

MAYME D. DAY and RUBY BURGESS, Appellees, v. STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Appellant, THE TEXAS COMPANY and COLUMBIAN FUEL CORPORATION, Intervenors, Appellants.

Supreme Court of Kansas.

Opinion filed July 10, 1959.


Attorney(s) appearing for the Case

J. Robert Wilson, assistant general counsel, argued the cause, and Clyde E. Milligan, general counsel, and Hartzell J. Whyte, assistant general counsel, were with him on the briefs for the appellant, state corporation commission.

Carl T. Smith, of Wichita, argued the cause, and Stuart R. Carter, Malcolm Miller, and Gerald Sawatzky, all of Wichita, and Charles Vance, of Liberal, were with him on the briefs for intervenors, appellants, The Texas Company and Columbian Fuel Corporation.

J.S. Brollier, of Hugoton, argued the cause, and Paul A. Wolf, of Hugoton, was with him on the briefs for the appellees.

A.E. Kramer and Bernard E. Nordling, of Hugoton, Homer V. Gooing, Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, Robert J. Hill, Gerrit H. Wormhoudt, Philip Kassebaum, John E. Rees, Robert T. Cornwell, and Willard B. Thompson, all of Wichita, were on the briefs amici curiae for Carl F. Matzen and Southwest Kansas Royalty Owners Association. Hugo T. Wedell, of Wichita, of counsel.

A.W. Hershberger, Richard Jones, William P. Thompson, H.E. Jones, Jerome E. Jones and Robert J. Roth, all of Wichita, were on the briefs amici curiae for Southwestern Exploration Company and Lester Wilkinson.


The opinion of the court was delivered by

ROBB, J.:

This is an appeal by the state corporation commission and the intervenors from the trial court's judgment setting aside, cancelling and holding for naught the commission's previous order of unitization and pooling of plaintiffs' acreage along with other noncontiguous and non-adjoining acreage, as an exception to the provisions of paragraph "g" of the basic proration order of the Hugoton gas field.

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