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SANDERS v. BIRMINGHAM

No. 47,277

214 Kan. 769 (1974)

522 P.2d 959

P.M. SANDERS, and JULIA SANDERS, his wife, Appellees, v. E.L. BIRMINGHAM, JR., W.N. BARTLETT, and RICHARD HINDERY, a partnership, d/b/a BIRMINGHAM-BARTLETT DRILLING COMPANY, and CARL S. ROHWER, Appellants.

Supreme Court of Kansas.

Opinion filed May 11, 1974.

Attorney(s) appearing for the Case

Joseph W. Kennedy, of Morris, Laing, Evans, Brock and Kennedy, of Wichita, argued the cause, and Ralph R. Brock and Ken M. Peterson, of the same firm, were with him on the brief for the appellants.

Simon Roth, Jr., of Hays, argued the cause, and was on the brief for the appellees.

The opinion of the court was delivered by

PRAGER, J.:

This is an action seeking partial cancellation of an oil and gas lease and for release of 40 acres from the leasehold interest. The basis of the action is the alleged failure of the lessee to carry out its obligation to comply with the implied covenant of further development. The essential facts are not in dispute and are as follows: On May 31, 1955, the plaintiffs-appellees, P.M.

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