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M & B DRILLING CO. v. CAMPBELL

No. 44,521

197 Kan. 323 (1966)

416 P.2d 777

M & B DRILLING COMPANY, INC., a Corporation, Appellant, v. A.D. CAMPBELL and AVA CAMPBELL, Appellees, and B.W. KLIPPEL and ALLEEN P. KLIPPEL, Defendants.

Supreme Court of Kansas.

Opinion filed July 14, 1966.

Attorney(s) appearing for the Case

Thomas A. Wood, of Wichita, argued the cause, and Kenneth H. Foust and John O. Foust, of Iola, and Paul V. Smith, Douglas E. Shay, William C. Farmer, Leo R. Wetta, James R. Schaefer and Larry L. Witherspoon, all of Wichita, were with him on the briefs for the appellant.

Charles H. Apt, of Iola, argued the cause, and Frederick G. Apt, Jr., of Iola, was with him on the briefs for the appellees.

Harold H. Malone, of Wichita, was on the briefs for the defendants.

The opinion of the court was delivered by

HATCHER, C.:

This is an appeal from an order of the district court refusing to open a judgment cancelling an oil and gas lease. The judgment was rendered at the day of trial without any appearance on the part of the lessee.

The only issue before us is whether there was sufficient evidence to support the trial court's finding that notice was properly given the lessee's attorney of record of the time set for...

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