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MOBIL OIL CORPORATION v. McHENRY

Nos. 45,195, 45,196, 45,199

200 Kan. 211 (1968)

436 P.2d 982

MOBIL OIL CORPORATION, a Corporation; NORTHERN NATURAL GAS PRODUCING COMPANY, a Corporation; PAN AMERICAN PETROLEUM CORPORATION, a Corporation; ASHLAND OIL & REFINING COMPANY, a Corporation; SINCLAIR OIL AND GAS COMPANY, a Corporation; CITIES SERVICE OIL COMPANY, a Corporation; and COLUMBIAN FUEL CORPORATION, a Corporation, Plaintiffs, v. SHIRLEY McHENRY, individually and as County Clerk of Grant County, Kansas; and WILMA ARNOLD, individually and as County Treasurer of Grant County, Kansas, Defendants. PAN AMERICAN PETROLEUM CORPORATION, a Corporation; and SINCLAIR OIL AND GAS COMPANY, a Corporation, Plaintiff, v. MARY DIMMIT, individually and as County Clerk of Stanton County, Kansas; and PHYLLIS KISTLER, individually and as County Treasurer of Stanton County, Kansas, Defendants. MOBIL OIL CORPORATION, a Corporation; NORTHERN NATURAL GAS PRODUCING COMPANY, a Corporation; CITIES SERVICE OIL COMPANY, a Corporation; and COLUMBIAN FUEL CORPORATION, a Corporation, Plaintiffs, v. DOROTHY HARTLEY, individually and as County Clerk of Morton County, Kansas; and LOIS HALL, individually and as County Treasurer of Morton County, Kansas, Defendants.

Supreme Court of Kansas.

Opinion filed January 10, 1968.

Attorney(s) appearing for the Case

H.E. Jones, Donald L. Cordes and Ralph M. Hope, all of Wichita, argued the cause, and Robert W. Richards, of Oklahoma City, Oklahoma, J.C.B. Aler, of Dallas, Texas, Robert J. O'Connor and Richard Jones, both of Wichita, Graydon D. Luthey, of Bartlesville, Oklahoma, and Ernest J. Rice, of Topeka, were with them on the brief for the plaintiffs.

A.E. Kramer, of Hugoton, L. LaVerne Fiss, County Attorney of Stanton County, and Keaton C. Duckworth, County Attorney of Morton County, argued the cause, and Richard M. Pickler, County Attorney of Grant County, was with them on the brief for the defendants.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an original proceeding in mandamus filed by the owners of certain gas leaseholds in Grant County, Kansas, against the County Clerk and County Treasurer of Grant County to compel the performance of a legal duty imposed upon such defendants in matters relating to ad valorem taxes.

The substantive question presented is the validity of an order entered by the district court of Grant County...

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