STEVENS v. STATE CORPORATION COMMISSION

Nos. 41,315, 41,316, 41,317

185 Kan. 190 (1959)

341 P.2d 1021

CROSBY STEVENS, J. CLAIR STEVENS, J. CLAIR STEVENS, Administrator of the Estate of Gene Stevens, Deceased, Appellees, v. STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Appellant. WALTER KUHN, N. APPLEMAN, TREES OIL COMPANY, H.E. ZOLLER, G.J. NEUNER, HOWARD KUHN and L.O. STANLEY, Appellees, v. STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Appellant. SOUTHWEST KANSAS ROYALTY OWNERS ASSOCIATION, Appellee, v. STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Appellant, and SOUTHWESTERN EXPLORATION COMPANY, Intervenor, Appellant.

Supreme Court of Kansas.

Opinion filed July 10, 1959.


Attorney(s) appearing for the Case

Clyde E. Milligan, general counsel, State Corporation Commission, of Topeka, argued the cause, and J. Robert Wilson and Hartzell J. Whyte, assistant general counsels, of Topeka, were with him on the briefs for the State Corporation Commission, appellant.

Richard Jones, of Wichita, argued the cause, and A.W. Hershberger, William P. Thompson, H.E. Jones, Jerome E. Jones, and Robert J. Roth, all of Wichita, and Charles Vance, of Liberal, were with him on the brief for the Southwestern Exploration Company, intervenor, appellant.

Mark H. Adams, of Wichita, argued the cause, and Charles E. Jones, William I. Robinson, J. Ashford Manka, Clifford L. Malone, Mark H. Adams, II, and John S. Seeber, all of Wichita, and Harry O. Janicke and John A. Herlocker, both of Winfield, and Ray H. Calihan, Logan N. Green, Daniel R. Hopkins, and Ray H. Calihan, Jr., all of Garden City, were with him on the brief for Crosby Stevens, J. Clair Stevens, J. Clair Stevens, Administrator of the Estate of Gene Stevens, deceased, appellees in case No. 41,315; and Walter Kuhn, N. Appleman, Trees Oil Company, H.E. Zoller, G.J. Neuner, Howard Kuhn and L.O. Stanley, appellees in case No. 41,316.

Robert T. Cornwell and Dale M. Stucky, both of Wichita, argued the cause, and Homer V. Gooing, Wayne Coulson, Paul R. Kitch, Donald R. Newkirk, Robert J. Hill, Gerrit H. Wormhoudt, Philip Kassebaum, John E. Rees, and Willard B. Thompson, all of Wichita, A.E. Kramer, and Bernard Nordling, both of Hugoton, and Hugo T. Wedell, of counsel, of Wichita, were with them on the brief for Southwest Kansas Royalty Owners Association, appellee in case No. 41,317.


The opinion of the court was delivered by

JACKSON, J.:

This opinion covers three proceedings brought for judicial review of a single order of the State Corporation Commission. The commission's order was made under the jurisdiction conferred upon it by the statute regulating the production and conservation of natural gas (G.S. 1949, Chapter 55, Article 7). The order concerned the application of the Southwestern Exploration Company

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