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SHUTTS, EXECUTOR v. PHILLIPS PETROLEUM CO.

No. 47,917

222 Kan. 527 (1977)

567 P.2d 1292

IRL SHUTTS, as Executor of the Estate of Althea Shutts, Individually, and as a representative of all that class of gas royalty owners under Phillips Petroleum Company oil and gas leases in the Hugoton-Anadarko area, Appellee and Cross-Appellant, v. PHILLIPS PETROLEUM COMPANY, Appellant and Cross-Appellee.

Supreme Court of Kansas.

Opinion filed July 11, 1977.

Attorney(s) appearing for the Case

Joseph W. Kennedy, of Morris, Laing, Evans, Brock & Kennedy, Chtd., of Wichita, argued the cause, and T.L. Cubbage, II, of Phillips Petroleum Company, of Amarillo, Texas, was with him on the briefs for the appellant and cross-appellee.

W. Luke Chapin, of Chapin & Penny, of Medicine Lodge, argued the cause, and Alan C. Goering, of the same firm, was with him on the brief for the appellee and cross-appellant.

The opinion of the court was delivered by

SCHROEDER, J.:

This is a class action suit filed against Phillips Petroleum Company seeking to recover interest on "suspense royalties" attributed to gas produced from leases in the three-state Hugoton-Anadarko area during the nine-year period from June 1961, to October 1970. Phillips Petroleum Company finally paid what it termed "suspense royalties" without interest in December 1972, after the Federal Power Commission...

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