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PANHANDLE EASTERN PIPE LINE CO. v. FADELY

Nos. 42445, 42446

189 Kan. 283 (1962)

369 P.2d 356

PANHANDLE EASTERN PIPE LINE COMPANY, Appellee, v. RICHARD T. FADELY, As Director of Revenue of the State of Kansas, and WALTER E. PEERY, As State Treasurer of the State of Kansas, Appellants. HUGOTON PRODUCTION COMPANY, Appellee, v. RICHARD T. FADELY, As Director of Revenue of the State of Kansas, and WALTER E. PEERY, As State Treasurer of the State of Kansas, Appellants.

Supreme Court of Kansas.

Opinion filed March 3, 1962.

Attorney(s) appearing for the Case

Robert C. Londerholm, chief attorney, department of revenue, argued the cause, and William M. Ferguson, attorney general, and A.K. Stavely, assistant attorney general, were with him on the briefs for the appellants.

Jeff A. Robertson, of Topeka, argued the cause, and C.R. Kirkbride, of Kansas City, Mo., was with him on the briefs for the appellee, Panhandle Eastern Pipe Line Company.

Daniel R. Hopkins, of Garden City, argued the cause, and Ray H. Calihan, Logan N. Green, and Ray H. Calihan, Jr., all of Garden City, were with him on the briefs for the appellee, Hugoton Production Company.

The opinion of the court was delivered by

ROBB, J.:

The appeals in these mandamus actions were consolidated in this court after the parties stipulated on January 8, 1962, that the decision in No. 42,445 would govern and constitute the decision in No. 42,446 and our consideration herein will, therefore, be confined to the appeal by Panhandle Eastern Pipe Line Company.

Pertinent facts stipulated by the parties...

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