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TEXACO, INC. v. FOX

No. 51,943

228 Kan. 589 (1980)

618 P.2d 844

TEXACO, INC., a corporation, WILLIAM S. POST, WALTER I. POST, ETTA BEATRICE GEIMAN, FANNIE WOOD, CELIA IVERS WHELIHAN, ELSIE G. POST, JERRY L. POST, LARRY J. POST, and MARJORIE GEARHISER, Appellants, v. WENDELL B. FOX and MILDRED V. FOX, husband and wife, Appellees.

Supreme Court of Kansas.

Opinion filed November 1, 1980.

Attorney(s) appearing for the Case

Jack M. Short, of Tulsa, Oklahoma, argued the cause and was on the brief for the appellant Texaco, Inc., and Gerald C. Golden, of Meade, argued the cause and was on the brief for the appellants, William S. Post, Walter I. Post, Etta Beatrice Geiman, Fannie Wood, Celia Ivers Whelihan, Elsie G. Post, Jerry L. Post, Larry J. Post, and Marjorie Gearhiser.

Harold K. Greenleaf, Jr., of Smith, Greenleaf & Brooks, of Liberal, argued the cause and David J. Wilson, of Wilson, Beard & Good, of Meade, was with him on the brief for the appellees.

The opinion of the court was delivered by

HERD, J.:

Texaco, Inc. et al. brought a declaratory judgment action against Wendell B. and Mildred V. Fox seeking a judgment declaring its oil and gas lease to be in full force and effect and enjoining the defendants from interfering with Texaco's right of ingress and egress to the leased acreage. The petition also sought equitable relief as the court deemed proper. The case...

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