ENERGY RESERVES GROUP, INC. v. KAN. POWER & LIGHT CO.

No. 52,677

230 Kan. 176 (1981)

630 P.2d 1142

ENERGY RESERVES GROUP, INC., Appellant, v. KANSAS POWER AND LIGHT COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed July 17, 1981.


Attorney(s) appearing for the Case

Gary W. Davis, of Martin, Pringle, Fair, Davis & Oliver, of Wichita, argued the cause, and Martin W. Bauer, of the same firm, and Clark Mandigo, general counsel for Energy Reserves Group, Inc., were with him on the brief for the appellant.

Jerome T. Wolf, of Spencer, Fane, Britt & Browne, of Kansas City, Missouri, argued the cause, and Basil W. Kelsey and Terry W. Schackmann, of the same firm, David S. Black, general counsel, for the Kansas Power and Light Company, and William C. Farmer, of Smith, Shay, Farmer & Wetta, of Wichita, were with him on the brief for the appellee.

Brian J. Moline, general counsel, and Terence L. Mundorf, assistant general counsel, were on the brief amicus curiae for the State Corporation Commission of the State of Kansas.

Robert L. Howard, of Foulston, Siefkin, Powers & Eberhardt of Wichita, was on the brief amicus curiae for Kansas Independent Oil and Gas Association.


The opinion of the court was delivered by

MILLER, J.:

This is a declaratory judgment action involving the construction of the terms of two natural gas purchase contracts in the light of certain federal and state statutes.

The plaintiff, Energy Reserves Group (ERG), brought suit against the defendant, Kansas Power & Light Company (KPL), seeking judgment that ERG had the right to terminate the contracts. KPL, by counterclaim, sought judgment that...

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