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AUGUSTINE v. HINNEN

No. 45,120

201 Kan. 710 (1968)

443 P.2d 354

MINNIE WILSON AUGUSTINE, KATHERINE GOEBEL and JAMES WILSON AUGUSTINE, Appellees, v. RALPH L. HINNEN, JAMES E. HINNEN, ALLEN H. POE and R.P. BAKER, Appellants.

Supreme Court of Kansas.

Opinion filed July 13, 1968.

Attorney(s) appearing for the Case

J.B. McKay and James B. McKay, Jr., both of El Dorado, argued the cause and where on the brief for the appellants.

O.J. Connell, Jr., of El Dorado, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

PRICE, C.J.:

This was an action to recover actual and punitive damages for the alleged pollution of fresh water wells on plaintiffs' land by defendant oil and gas leasehold owners and operators.

A jury awarded both actual and punitive damages, and judgment was entered on the verdict. Defendants have appealed.

For many years plaintiffs and their immediate ancestors had owned the 200 acres in question...

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