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ADAIR v. TRANSCONTINENTAL OIL CO.

No. 41,222

184 Kan. 454 (1959)

338 P.2d 79

HENRY C. ADAIR, Plaintiff, v. TRANSCONTINENTAL OIL COMPANY, a Corporation; EMERY CONSTRUCTION COMPANY, INC., a Corporation; GEORGE B. EMERY, JR.; MOUNTAIN IRON AND SUPPLY COMPANY, a Corporation; WILLIAM J. HARRINGTON, JR.; FRANK W. LIEBERT; MIDLAND SUPPLY COMPANY, INC., Appellees, and DOWELL, INC., a Corporation; L.D. WHITE; J.T. McCRACKEN; M.G. JENSON; G.W. GATTON and RALPH SEARS, partners, d/b/a GATTON & SEARS DRILLING CONTRACTORS; J.W. FISHER; KEYSTONE SUPPLY COMPANY, Appellants.

Supreme Court of Kansas.

Opinion filed April 11, 1959.

Attorney(s) appearing for the Case

Roy Kirby, of Coffeyville, argued the cause and was on the brief for the appellant, L.D. White.

Aubrey Neale, of Coffeyville, was on the brief for the appellants, M.G. Jenson, Gatton & Sears, J.W. Fisher and J.T. McCracken.

A.H. Harding and Harold Gregg, both of Independence, were on the brief for the appellant, Dowell, Inc.

John F. Pendleton, of Nowata, Oklahoma, and Dallas W. Knapp and Charles D. Knapp, both of Coffeyville, were on the brief for the appellant, Keystone Supply Company.

John F. O'Brien, of Independence, argued the cause, and John P. Quinlan, also of Independence, was with him on the brief for the appellee, George B. Emery, Jr.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action to foreclose mechanics' and materialmen's liens against a block of oil and gas leases which were owned and operated as a unit.

By reason of failure to pay bills for work and materials furnished in connection with the development of these leases the action was originally filed by one of the lien claimants, a pumper, against the leasehold owners. Various other lien claimants intervened...

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