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HELMLEY v. ASHLAND OIL, INC.

No. 48,528

1 Kan. App. 2d 532 (1977)

571 P.2d 345

LOYD HELMLEY, Individually and as Representative of All That Class of Gas Royalty Owners Under Ashland Oil, Inc., Oil and Gas Leases in Hugoton-Anadarko Area, Appellee and Cross-Appellant, v. ASHLAND OIL, INC., Appellant and Cross-Appellee.

Court of Appeals of Kansas.

Petition for review denied October 7, 1977.

Attorney(s) appearing for the Case

Gerald Sawatzky of Foulston, Siefkin, Powers & Eberhardt, of Wichita, and Charles N. Henson of Eidson, Lewis, Porter & Haynes, of Topeka, for the appellant and cross-appellee.

Gordon M. Penny of Chapin & Penny, of Medicine Lodge, and Robert D. Ochs of Fisher, Ralston & Ochs, of Topeka, for the appellee and cross-appellant.

Before SWINEHART, P.J., REES and PARKS, JJ.

SWINEHART, J.:

This is a class action brought on behalf of approximately 1,440 oil and gas royalty owners against the producer, Ashland Oil, Inc., seeking recovery of interest on certain "suspense" monies. The trial court certified the suit as a class action and allowed recovery of interest by each member at the rate of 6%. The trial court also allowed Ashland Oil, Inc. (defendant) recoupment of alleged royalty overpayments to some class members.

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