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PANHANDLE EASTERN PIPE LINE COMPANY v. BRECHEISEN

No. 7202.

323 F.2d 79 (1963)

PANHANDLE EASTERN PIPE LINE COMPANY, Appellant, v. Charles A. BRECHEISEN, Appellee.

United States Court of Appeals Tenth Circuit.

September 30, 1963.

Attorney(s) appearing for the Case

John D. Townsend, Kansas City, Mo. (Wendell J. Doggett, Oklahoma City, Okl., Hershberger, Patterson, Jones & Thompson, and Richard Jones, Wichita, Kan., were with him on the brief), for appellant.

Dale M. Stucky, Wichita, Kan. (Wayne Coulson, Paul R. Kitch, Donald R. Newkirk, Robert J. Hill, Gerrit H. Wormhoudt and David W. Buxton, Wichita, Kan., were with him on the brief), for appellee.

Before MURRAH, Chief Judge, and PICKETT and LEWIS, Circuit Judges.

LEWIS, Circuit Judge.

Panhandle Eastern Pipe Line Company appeals from an adverse and summary judgment entered in the District of Kansas and holding that Panhandle's alleged claim was barred by Kansas statutory limitation applicable to contract actions not based upon written instruments. Panhandle asserts that the court erred in concluding that its cause of action was not based upon a written contract and, in the alternative, that its action was commenced within the...

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