MESA PETROLEUM CO. v. KANSAS POWER & LIGHT CO.

No. 52,646

229 Kan. 631 (1981)

629 P.2d 190

MESA PETROLEUM COMPANY, Appellant, v. THE KANSAS POWER AND LIGHT COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed June 10, 1981.


Attorney(s) appearing for the Case

Richard C. Byrd, of Anderson, Byrd & Richeson, of Ottawa, argued the cause, and Walker A. Hendrix, of the same firm, E. F. Russell, of Ulysses, and Barry Cannaday, of Amarillo, Texas, were with him on the briefs 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, Gene H. Sharp, of Vance, Hobble, Neubauer, Nordling, Sharp & McQueen, P.A., of Liberal, David S. Black, of Topeka, and James L. Grimes, Jr., of Cosgrove, Webb & Oman, of Topeka, were with him on the briefs for the appellee.


The opinion of the court was delivered by

FROMME, J.:

Mesa Petroleum Company (Mesa) filed this action for a declaratory judgment asking the trial court to determine that it legally terminated a gas supply contract with the defendant, The Kansas Power and Light Company (KP&L). The question of whether the contract was legally terminated depends on an interpretation of Section 105 (b) (1) of the Natural Gas Policy Act of 1978 (N.G.P. Act), 15 U.S.C. §...

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