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ADOLPH v. STEARNS

No. 55,874

235 Kan. 622 (1984)

684 P.2d 372

A.W. ADOLPH and DELIA ADOLPH, Appellees, v. RALPH STEARNS, LLOYD L. HARP, RAY STEARNS and LINDA STEARNS, HAROLD WELCH and FRANCES A. WELCH, DICK NETERCOT and JAYNE NETERCOT, LEONARD R. JOHNS and ANNA JOHNS, LLOYD R. NUCKOLLS and ALEEN M. NUCKOLLS, RONALD HOPKINS and BETH D. HOPKINS, DONALD STEARNS and RUTH STEARNS, ROBERT STEARNS and MARY STEARNS, and LLOYD NUCKOLLS, Appellants.

Supreme Court of Kansas.

Opinion filed June 8, 1984.

Attorney(s) appearing for the Case

Harold V. Matney, of Kansas City, argued the cause, and Jon K. Lowe, of Ottawa, was with him on the briefs for appellants.

John L. Richeson, of Anderson, Byrd & Richeson, of Ottawa, argued the cause and was on the brief for appellees.

The opinion of the court was delivered by

LOCKETT, J.:

This action was commenced by the landowners to cancel an oil and gas lease for violation of the lease covenants to produce or develop and operate the premises. The trial court partially granted the landowners summary judgment, finding the lessees had failed to produce oil or gas in paying quantities. The remaining issues of whether the lessees' efforts to operate...

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