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ROOK v. JAMES E. RUSSELL PETROLEUM, INC.

No. 54,031

8 Kan. App. 2d 412 (1983)

658 P.2d 1059

MAXINE ROOK and JOHN ROOK, Appellees, v. JAMES E. RUSSELL PETROLEUM, INC., Appellant.

Court of Appeals of Kansas.

Petition for review granted June 3, 1983.

Attorney(s) appearing for the Case

John R. Toland, of Toland & Thompson, of Iola, for the appellant.

Orville J. Cole, of Cole & Doering, of Garnett, for the appellees.

Before SPENCER, P.J., PARKS, J., and HARRY G. MILLER, District Judge Retired, Assigned.

PARKS, J.:

Plaintiffs Maxine and John Rook filed this action seeking partial cancellation of oil and gas leases held by defendant James E. Russell Petroleum, Inc. The trial court held that the leases were still in effect but that the defendant's 17-year suspension of production constituted abandonment of the oil and gas production rights. It further held that the reservation of the right to store gas on the property, held by the sublessee, Cities Service Gas Company...

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