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FOLEY & LOOMIS v. PHILLIPS

No. 46,648

211 Kan. 735 (1973)

508 P.2d 975

PAUL J. FOLEY and ART LOOMIS, a partnership d/b/a Foley-Loomis Oil Co., Appellants, v. L.E. PHILLIPS, JR., J.E. MORRIS, and W.H. REX, Appellees.

Supreme Court of Kansas.

Opinion filed April 7, 1973.

Attorney(s) appearing for the Case

Gerald Sawatzky, of Wichita, argued the cause, and John F. Eberhardt, also of Wichita, and Robert M. Bond, of Bond & Bond, of El Dorado, and Foulston, Siefkin, Powers & Eberhardt, of Wichita, were with him on the brief for the appellants.

Richard Jones, of Wichita, argued the cause, and Michael L. Jones, also of Wichita, was with him on the brief for L.E. Phillips, Jr., appellee.

James B. McKay, of El Dorado, argued the cause, and James B. McKay, Jr., also of El Dorado, was with him on the brief for J.E. Morris and W.H. Rex, appellees.

The opinion of the court was delivered by

FROMME, J.:

Plaintiffs seek to impose a constructive trust on five oil and gas leases covering 540 acres in Sections 5 and 6, Township 27S, Range 7E, in Butler County, Kansas, based upon their claim that said acreage was a natural outgrowth of a joint drilling venture entered into by the parties to this action. The original drilling venture leases covered 600 acres in Sections 32 and 33, Township 26S, Range 7E, in...

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