SHUTTS v. PHILLIPS PETROLEUM CO.

No. 55,796

235 Kan. 195 (1984)

679 P.2d 1159

IRL SHUTTS and ROBERT ANDERSON and BETTY ANDERSON, Individually and as representatives of all producers and royalty owners to whom Phillips Petroleum Company made payment of suspended proceeds of royalties pursuant to Federal Power Commission Opinion Nos. 669, 669H, 749, 749C, 770 and 770A, Appellees, v. PHILLIPS PETROLEUM COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed March 24, 1984.


Attorney(s) appearing for the Case

Joseph W. Kennedy, of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, argued the cause, and Robert W. Coykendall, of the same firm, James R. Yoxall, of Light, Yoxall, Antrim & Richardson, of Liberal, and T.L. Cubbage, II, of Phillips Petroleum Company, of Bartlesville, Oklahoma, were with him on the briefs for the appellant.

W. Luke Chapin, of Chapin, Penny & Goering, of Medicine Lodge, argued the cause, and Ed Moore, of Ginder & Moore, of Cherokee, Oklahoma, and Harold K. Greenleaf, of Smith, Greenleaf & Brooks, of Liberal, were with him on the brief for the appellees.

Gerald Sawatzky and Jim H. Goering, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, were on the brief for the amicus curiae, Sun Oil Company.


The opinion of the court was delivered by

SCHROEDER, C.J.:

This is a class action suit brought against Phillips Petroleum Company (Phillips) by Irl Shutts, Robert Anderson and Betty Anderson, individually and on behalf of 28,100 royalty owners, including those who are not residents of Kansas, for recovery of interest on "suspense royalties" on gas produced from leases in eleven states. These royalties were withheld by Phillips at various times from July 1974...

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