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ARKANSAS LOUISIANA GAS CO. v. STATE

No. 55,824

234 Kan. 797 (1984)

675 P.2d 369

ARKANSAS LOUISIANA GAS COMPANY, A Division of Arkla, Inc., Appellant, v. THE STATE OF KANSAS; ROBERT C. HARDER, Secretary of Social and Rehabilitation Services; DR. GERALD HANNAH, Commissioner of Mental Health and Retardation Services; and DR. MICHAEL DEY, Superintendent of Winfield State Hospital and Training Center, Appellees.

Supreme Court of Kansas.

Opinion filed January 13, 1984.

Attorney(s) appearing for the Case

Milo M. Unruh, of Arn, Mullins, Unruh, Kuhn & Wilson, of Wichita, argued the cause and Stuart R. Collier, of the same firm, and Warren W. Shaw, of Shaw, Hergenreter & Quarnstrom, of Topeka, were with him on the brief for the appellant.

Hal E. Desjardins, of Topeka, and Reid Stacey, assistant attorney general, argued the cause and Robert T. Stephan, attorney general and Bruce E. Miller, deputy attorney general, were with Hal E. Desjardins on the brief for the appellees.

The opinion of the court was delivered by

HERD, J.:

This is a declaratory judgment action for construction of a contract. The trial court ruled the contract was ambiguous and subject to the admission of extrinsic evidence to determine the intent of the parties. Arkansas Louisiana Gas Company appeals.

The appellant is a division of Arkla, Inc., a foreign corporation authorized to do business in Kansas. As the result of a merger it

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