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THOMPSON v. PHILLIPS PIPE LINE CO.

No. 44,979

200 Kan. 669 (1968)

438 P.2d 146

CHRISTINE THOMPSON, Appellant, v. PHILLIPS PIPE LINE COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed March 9, 1968.

Attorney(s) appearing for the Case

Tom L. Schwinn, of Wellington, argued the cause, and W.H. Schwinn, William M. Ferguson and Marsh D. Doctor, of Wellington, were with him on the brief for appellant.

Stanley L. Cunningham, of Bartlesville, Oklahoma, argued the cause, and Wm. J. Zeman, Lloyd G. Minter, of Bartlesville, Oklahoma, Harry O. Janicke, John A. Herlocker, Robert L. Bishop and Thomas D. Herlocker, of Winfield, were with him on the brief for appellee.

The opinion of the court was delivered by

FATZER, J.:

This is an appeal from an order of the district court of Cowley County sustaining defendant's motion to dismiss for failure to state a claim upon which relief can be granted. (K.S.A. 60-212 [b] [6].)

The material facts are not in dispute. On February 18, 1933, the plaintiff's predecessors in title executed two right of way contracts in favor of the...

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