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RUSH v. KING OIL CO.

No. 47,948

220 Kan. 616 (1976)

556 P.2d 431

DAVID RUSH, Appellee, v. KING OIL COMPANY, and T. WARREN HALL, Appellants.

Supreme Court of Kansas.

Opinion filed November 6, 1976.

Attorney(s) appearing for the Case

Jack Scott McInteer, of Curfman, Brainerd, Harris, Bell, Weigand & Depew, of Wichita, argued the cause, and Spencer L. Depew, of the same firm was with him on the brief for the appellants.

Norbert R. Dreiling, of Dreiling, Bieker & Kelley, of Hays, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

FROMME,, J.:

Action was brought in the trial court to obtain partial cancellation of an oil and gas lease covering 160 acres of land in Graham County, Kansas. The plaintiff, lessor, alleged that the present owners of the lease had failed to fulfill the implied covenants in the lease which require further development under the prudent operator test.

The action was fully tried by experienced counsel before a...

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