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STERLING v. THE SUPERIOR OIL CO.

No. 48,461

222 Kan. 737 (1977)

567 P.2d 1325

WILLIAM J. STERLING, HELENA STERLING and ROBERT E. STERLING, individually and as trustees of the estate of Edd Sterling, deceased; individually and as representatives of all that class of gas royalty owners under The Superior Oil Company oil and gas leases in the Hugoton-Anadarko area, Appellees and Cross-Appellants, v. THE SUPERIOR OIL COMPANY, Appellant and Cross-Appellee.

Supreme Court of Kansas.

Opinion filed July 29, 1977.

Attorney(s) appearing for the Case

Jack D. Sage, of Hershberger, Patterson, Jones & Roth, of Wichita, argued the cause, and Richard Jones, of the same firm, W.B. Wagner, Jr., and R.T. Robberson, of The Superior Oil Company, of Houston, Texas, were with him on the briefs for the appellant and cross-appellee.

Gary R. Hathaway, of Ulysses, argued the cause, and W. Luke Chapin and Allan C. Goering, of Medicine Lodge, were with him on the brief for the appellees and cross-appellants.

The opinion of the court was delivered by

SCHROEDER, J.:

This is a class action brought by William J. Sterling, Helena Sterling and Robert E. Sterling (plaintiffs-appellees and cross-appellants) individually and on behalf of some 246 gas royalty owners, including those who do not reside in Kansas or have leases covering lands in Kansas or both, against their producer, The Superior Oil Company (defendant-appellant and cross-appellee), for recovery of interest...

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