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SEACAT v. MESA PETROLEUM CO.

Civ. A. No. 80-1970.

561 F.Supp. 98 (1983)

Robert J. SEACAT and John J. Seacat, Plaintiffs, v. MESA PETROLEUM CO., a corporation, and G-S Oil & Gas Co., Defendants.

United States District Court, D. Kansas.

February 22, 1983.

Attorney(s) appearing for the Case

Donald W. Bostwick, Wichita, Kan., for plaintiffs.

Gerald Sawatzky, Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan., for Mesa Petroleum.

Jack Glaves, Glaves, Weil & Evans, Wichita, Kan., for G-S Oil & Gas.

MEMORANDUM AND ORDER

THEIS, District Judge.

This action is before the Court on motions for summary judgment by plaintiffs and by defendant Mesa Petroleum Co. (Mesa). The key issue is the legal duty of an oil and gas lessee to the lessor when the lessee's well on a neighboring leasehold is draining oil from beneath lessor's tract.

Plaintiffs contend, in essence, that defendant is strictly liable for the value of the oil which is drained, regardless...

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