COLORADO INTERSTATE GAS CO. v. DUFIELD

No. 55,699

9 Kan. App. 2d 428 (1984)

681 P.2d 25

COLORADO INTERSTATE GAS COMPANY, Appellant, v. FRANK E. DUFIELD, Appellee.

Court of Appeals of Kansas.

Opinion filed May 3, 1984.


Attorney(s) appearing for the Case

William J. Graybill, of Lawyers Graybill, of Elkhart, and Stephen G. Koerner, of Colorado Interstate Gas Company, of Colorado Springs, Colorado, for appellant.

Arthur B. McKinley, of McKinley, Miller & Swanson, P.A., of Sublette, for appellee.

Before FOTH, C.J., ABBOTT and MEYER, JJ.


Petition for review denied 235 Kan. 1041.

ABBOTT, J.:

This is an appeal in a declaratory judgment action brought by the appellant, Colorado Interstate Gas Company (CIG), to ascertain its right to $2,666 held in escrow to cover any damages caused by CIG's installing a pipeline across property owned by Frank E. Dufield.

The right-of-way agreement states in pertinent part:

"Grantee does hereby covenant to pay Grantor for all actual and reasonable...

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