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SCHUPBACH v. CONTINENTAL OIL CO.

Nos. 43,715 and 43,716

193 Kan. 401 (1964)

394 P.2d 1

FRED SCHUPBACH, JR., MARJORIE A. SCHUPBACH, W.R. CLAYBAUGH, J.H. McCLURE, G.M. GROENDYCKE, F.W. SCHUPBACH, JOHN SCHUPBACH and EDWIN SCHUPBACH, Appellants and Cross-Appellees, v. CONTINENTAL OIL COMPANY, a Corporation, Appellee and Cross-Appellant. FAYE GILMORE, RUTH CHAPIN, U.B. HARBAUGH, MABEL A. HARBAUGH, ALBERT H. HARBAUGH, JIM C. HARBAUGH, JACOB G. HARBAUGH, BETTY J. GARTEN and MOLLIE M. WATTS, Appellants and Cross-Appellees, v. CONTINENTAL OIL COMPANY, a Corporation, Appellee and Cross-Appellant.

Supreme Court of Kansas.

Opinion filed July 14, 1964.

Attorney(s) appearing for the Case

W. Luke Chapin, of Medicine Lodge, argued the cause and was on the briefs for appellants and cross-appellees.

Gerald Sawatzky, of Wichita, argued the cause, and Richard R. Linn, of Oklahoma City, Oklahoma, Ralph C. Hall, of Medicine Lodge, and Stuart R. Carter, of Wichita, were with him on the briefs for appellee and cross-appellant.

The opinion of the court was delivered by

FATZER, J.:

This was an action for an accounting as to, and recovery of, royalties due the plaintiffs under the gas royalty provision of certain oil and gas leases; to require the defendant, Continental Oil Company, a corporation, to pay into court the gas royalties due plaintiffs, together with interest at 6 percent per annum on unpaid royalties due, and for distribution...

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