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KRUG v. KRUG

No. 50,727

5 Kan. App. 2d 426 (1980)

618 P.2d 323

HUBERT L. KRUG; ROSA A. SCHAFFER; DOROTHEA DAUBERT; KARL F. DEINES; MAGDALENA SCHAEFER; MARTHA E. MILLER; MARIE STEIBEN; ESTHER M. GERSIB; VERA G. HARPER; RUTH SCHNEIDER, Plaintiffs-Appellees, v. RAY R. KRUG and JAMES H. NORRIS, Defendant-Appellant, v. CITIES SERVICE PETROLEUM COMPANY, formerly CITIES SERVICE OIL COMPANY, Defendant-Appellee.

Court of Appeals of Kansas.

Petition for review denied March 26, 1981.

Attorney(s) appearing for the Case

Michael S. Holland, of Russell, for the defendant-appellant, Ray R. Krug.

John C. Woelk and Alan Deines, of Woelk, Culley, Ehrlich & Deines, of Russell, for the plaintiffs-appellees.

Edward Larson, of Jeter and Larson, of Hays, and James J. Sykora, of Tulsa, for the defendant-appellee, Cities Service Petroleum Company.

Before FOTH, C.J., SWINEHART and MEYER, JJ.

FOTH, C.J.:

The issue in this case is how to accommodate the interests of cotenants in a mineral estate who cannot agree upon a lessee for oil and gas exploration. The facts are undisputed; the only question is whether the trial court's order was one which it could properly make under its equitable powers.

The ten plaintiffs collectively own 9/11ths of the minerals under a half-section of land in Russell County...

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