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FIRST NAT'L BANK & TRUST CO. v. SIDWELL CORP.

No. 55,091

234 Kan. 867 (1984)

678 P.2d 118

THE FIRST NATIONAL BANK AND TRUST COMPANY OF OKLAHOMA CITY and VIRGINIA EASON WEINMANN, Trustees Under the Will of ADA S. EASON; THE FIRST NATIONAL BANK AND TRUST COMPANY OF OKLAHOMA CITY, VIRGINIA EASON WEINMANN and JOHN G. WEINMANN, Trustees Under the Will of T. WINSTON EASON; I. WAYNE WOOLSEY; and JOAN WOOLSEY, Appellees, v. THE SIDWELL CORPORATION, SIDWELL OIL AND GAS, INC.; ROBERT KLABZUBA; and DAVID D. READ, JR., Appellants.

Supreme Court of Kansas.

Opinion filed February 18, 1984.

Attorney(s) appearing for the Case

William R. Smith, of Hershberger, Patterson, Jones & Roth, of Wichita, argued the cause and Jerome E. Jones, of the same firm, was with him on the brief for appellants.

Timothy E. McKee, of Martin, Pringle, Oliver, Triplett & Wallace, of Wichita, argued the cause, and Robert Martin, of the same firm, was with him on the brief for appellees.

The opinion of the court was delivered by

HOLMES, J.:

The defendants appeal from a decision rendered in a trial to the court wherein a constructive trust in favor of the plaintiffs was imposed upon a portion of defendants' interests in four oil and gas leases. Plaintiffs claimed their interests by virtue of an agreement entered into between plaintiff, I. Wayne Woolsey (hereinafter Woolsey) and defendant David D. Read, Jr. The appeal was transferred from the...

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