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JACKSON v. FARMER

No. 49,955

225 Kan. 732 (1979)

594 P.2d 177

DONALD W. JACKSON, Appellant, v. RICHARD A. FARMER and CAROLYN SUE FARMER, Appellees.

Supreme Court of Kansas.

Opinion filed May 5, 1979.

Attorney(s) appearing for the Case

Richard Jones, of Hershberger, Patterson, Jones & Roth, of Wichita, argued the cause, and J. Michael Kennalley, of the same firm, and Gene H. Sharp, of Vance, Hobble, Neubauer, Nordling, Sharp & McQueen, P.A., of Liberal, were with him on the brief for the appellant.

Eugene L. Smith, of Smith, Greenleaf & Brooks, of Liberal, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

MILLER, J.:

The "free gas" and "unitization" clauses in a standard Form 88 Producers (Kans., Okla. & Colo., 1942 Rev., Bw form) oil and gas lease give rise to the dispute presented in this action between the owner and operator of four unitized leases, on which there is one producing gas well, and the owners of the surface only of a part of the land included in the unit. Donald W. Jackson, plaintiff-appellant, is...

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