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CLINE v. ANGLE

No. 47,419

216 Kan. 328 (1975)

532 P.2d 1093

WILFORD L. CLINE AND R. LEONA CLINE, Appellees, v. GEORGE A. ANGLE, Appellant.

Supreme Court of Kansas.

Opinion filed March 1, 1975.

Attorney(s) appearing for the Case

Gerald Sawatzky, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, argued the cause, and John J. Stang, of LaCrosse, was with him on the brief for the appellant.

Robert J. O'Connor, of Hershberger, Patterson & Jones, of Wichita, argued the cause, and Richard Jones, of the same firm, was with him on the brief for the appellees.

The opinion of the court was delivered by

FROMME, J.:

This action was brought to recover royalties allegedly due from the production, extraction and sale of helium gas. The plaintiffs, Wilford L. Cline and R. Leona Cline, assigned certain oil and gas leases in Rush County, Kansas, to the defendant, George A. Angle, and reserved a royalty in any helium gas produced from the leases. The trial court after construing certain written instruments and considering...

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