MATZEN v. STATE CORPORATION COMMISSION

No. 41,338

185 Kan. 206 (1959)

341 P.2d 1031

CARL F. MATZEN, Appellee, v. STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Appellant, CITIES SERVICE OIL COMPANY, Intervenor, Appellant.

Supreme Court of Kansas.

Opinion filed July 10, 1959.


Attorney(s) appearing for the Case

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

Alfred O. Holl, of Bartlesville, Okla., P.K. Smith, of Wichita, and W.P. Wesley, of Ulysses, were on the briefs for intervenor, appellant Cities Service Oil Company.

Dale M. Stucky, 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, Robert T. Cornwell, and Willard B. Thompson, all of Wichita, and A.E. Kramer and Bernard E. Nordling, both of Hugoton, were with him on the briefs for the appellee. Hugo T. Wedell, of Wichita, of counsel.


The opinion of the court was delivered by

ROBB, J.:

This is an appeal by the state corporation commission and the intervenor from the trial court's judgment reversing, vacating, and setting aside a previous order by the commission unitizing and pooling plaintiff's 160 acres of land with three other quarter sections which were neither contiguous nor adjoining to plaintiff's land nor with each other. The lands so unitized by the commission's order were also...

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