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MULSOW v. GERBER ENERGY CORP.

Nos. 56,673, 56,674, 56,675, 56,676

237 Kan. 58 (1985)

697 P.2d 1269

LESTER W. MULSOW, et al., Plaintiffs-Appellees, v. GERBER ENERGY CORPORATION, et al., Defendants-Appellees, and PATRICK J. REGAN, Defendant-Appellant.

Supreme Court of Kansas.

Opinion filed April 5, 1985.

Attorney(s) appearing for the Case

James J. McGannon, of Regan & McGannon, of Wichita, argued the cause and was on the brief for appellant.

J.B. Craig, of Bachmann, Arnold, Graybill & Craig, of Wichita, argued the cause, and was on the brief for defendants-appellees A.L. Craig Carroll, James R. Craig, Joseph D. Craig, James Craig, Jr., Frederick M. Julian and Betty Jean Julian, Terry D. Meyer and Martin Oil Company.

John E. Bohannon, of Topeka, was on the brief for defendant-appellee Leon C. Smitherman, III.

The opinion of the court was delivered by

LOCKETT, J.:

Plaintiffs brought four actions, which were later consolidated, for partition of oil and gas leases in which plaintiffs owned shares of the working interests. Plaintiffs did not request partition of the overriding royalty interests or the landowners' royalty interests. Appellant Regan filed a cross-claim and counterclaim against the other parties, praying that the overriding royalty interests be included...

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