McALISTER v. ATLANTIC RICHFIELD CO.

Nos. 54,357, 54,358

233 Kan. 252 (1983)

662 P.2d 1203

ROY E. McALISTER, Appellant, v. ATLANTIC RICHFIELD COMPANY, a corporation, successor to SINCLAIR PRAIRIE OIL COMPANY; MOBIL OIL CORPORATION, successor to MAGNOLIA PETROLEUM CORPORATION; ALADDIN PETROLEUM CORPORATION; WESTRANS PETROLEUM, INC., a corporation; J.S. KANTOR, d/b/a KANTOR OIL COMPANY; and SOUTHERN STATES OIL CORPORATION, Appellees. ROY E. McALISTER, Appellant, v. MARATHON OIL COMPANY, INC., successor to OHIO OIL COMPANY, INC.; and GETTY OIL COMPANY, successor to SKELLY OIL COMPANY, INC., Appellees.

Supreme Court of Kansas.

Opinion filed April 29, 1983.


Attorney(s) appearing for the Case

Patrick L. Dougherty, of Wichita, argued the cause and was on the briefs for the appellant.

T.J. Carney, of Turner & Boisseau, Chartered, of Great Bend, argued the cause, and Joseph R. Ebbert, of the same firm, was on the brief for Atlantic Richfield Company, appellee.

Evan J. Olson, of Hershberger, Patterson, Jones & Roth, of Wichita, argued the cause, and Richard Jones, of the same firm, was with him on the brief for Mobil Oil Corporation, appellee.

William Sumner Scott, of Pittsburg, Pennsylvania, argued the cause and was on the brief for Westrans Petroleum, Inc., appellee.

Carl L. Wettig, of Wichita, argued the cause and was on the brief for Aladdin Petroleum Corporation and J.S. Kantor, d/b/a Kantor Oil Company, appellees.

Robert M. Siefkin and Susan L. Smith, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, argued the cause, and Jerry G. Elliott, of the same firm, was with her on the brief for Southern States Oil Corporation, appellee.

Evan J. Olson, of Hershberger, Patterson, Jones & Roth, of Wichita, argued the cause, and Jeffrey R. Akins, of Casper, Wyoming, was with him on the brief for Marathon Oil Company, Inc., appellee.

R. Douglas Reagan, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, argued the cause and was on the brief for Getty Oil Company, appellee.


The opinion of the court was delivered by

LOCKETT, J.:

This is an action for damages caused by alleged violations of the Oil Well Pollution Act, K.S.A. 55-121. The issues of liability and damages were bifurcated and the matter proceeded on the issue of liability only. Summary judgments were entered for each defendant; from the trial court's ruling this appeal results.

This is an appeal from an order granting summary judgment in case No. 54,357, and...

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