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MOUNTAIN IRON & SUPPLY CO. v. BRANUM

No. 44,818

200 Kan. 38 (1967)

434 P.2d 1015

MOUNTAIN IRON & SUPPLY COMPANY, Appellant, v. JOE BRANUM, d/b/a TERRELL DRILLING & PRODUCING; KIM OIL COMPANY, INC.; RICHARD M. DRISCOLL; R.M. DRISCOLL; COLLETTE M. DRISCOLL; JERRY J. DRISCOLL; F.J. SPURGEON; VERA HAMMOND; VERA MAY HAMMOND; CHARLES C. HAMMOND; DOROTHA L. HAMMOND; HENRY KAHRS; HELENA A. KAHRS; CLARK E. HAMMOND; ALFRED MOLLENKAMP, Appellees.

Supreme Court of Kansas.

Opinion filed December 9, 1967.

Attorney(s) appearing for the Case

Richard W. Stavely, of Wichita, argued the cause, and Clifford R. Holland, Jr., Marvin E. Thompson, George W. Holland and Mark Arthur, Jr., all of Russell, were with him on the brief for the appellant.

Richard M. Driscoll, of Russell, argued the cause, and Jerry J. Driscoll, John C. Woelk and Rex Culley, all of Russell, were with him on the brief for the appellees.

Verne M. Laing, Ferd E. Evans, Jr., Ralph R. Brock, Joseph W. Kennedy, C. Robert Bell and Robert L. Driscoll, all of Wichita, were on the brief for Petroleum Equipment Suppliers Association, amici curiae.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action to foreclose an oil and gas mechanic's lien brought by a dealer in oil well supplies against the driller and owners of the working interest in an oil and gas lease. The district court sustained a motion for summary judgment on the ground that the dealer in oil well supplies failed to file its mechanic's lien statement within sixty days after...

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