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NIX v. NORTHERN NATURAL GAS PRODUCING CO.

No. 48,470

222 Kan. 739 (1977)

567 P.2d 1322

HAZEL NIX and FRED SCHUPBACH, JR., individually and as representative of all that class of gas royalty owners under Northern Natural Gas Producing Company and Mobil Oil Corporation oil and gas leases in the Hugoton-Anadarko area, Appellees and Cross-Appellants, v. NORTHERN NATURAL GAS PRODUCING COMPANY and MOBIL OIL CORPORATION, Appellants and Cross-Appellees.

Supreme Court of Kansas.

Opinion filed July 29, 1977.

Attorney(s) appearing for the Case

Richard Jones, of Hershberger, Patterson, Jones & Roth, of Wichita, argued the cause, and Jack D. Sage, of the same firm, and Roscoe C. Elmore, of Mobil Oil Corporation, of Houston, Texas, were with him on the briefs for the appellants and cross-appellees.

Alan C. Goering, of Chapin & Penny, of Medicine Lodge, argued the cause, and W. Luke Chapin, of the same firm, and Gary Hathaway, of Hathaway & Kimball, of Ulysses, 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 Hazel Nix and Fred Schupbach, Jr., (plaintiffs-appellees and cross-appellants) individually and on behalf of some 5,739 gas royalty owners, including those who do not reside in Kansas or have leases covering land in Kansas or both, against their producers, Northern Natural Gas Producing Company and Mobil Oil Corporation (defendants-appellants and cross-appellees), for...

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