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BRUBAKER v. BRANINE

No. 56,958

237 Kan. 488 (1985)

701 P.2d 929

LEO D. BRUBAKER and RUTH J. BRUBAKER, his wife, Appellees, v. IVAN G. BRANINE and ETTA G. BRANINE, his wife, and LARRY BRANINE, Appellants.

Supreme Court of Kansas.

Opinion filed June 21, 1985.

Attorney(s) appearing for the Case

Martin W. Bauer, of Martin, Pringle, Oliver, Triplett & Wallace, of Wichita, argued the cause, and Eric S. Strickler, of the same firm, was with him on the briefs for the appellants.

David J. Bideau, of Bideau Law Offices, of Chanute, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, C.J.:

The issues presented in this case stem from consolidated appeals taken by Ivan, Etta and Larry Branine (defendants-appellants) from a decision of the trial court determining liability on a motion for summary judgment and a subsequent judgment granting Leo D. and Ruth J. Brubaker (plaintiffs-appellees) a proportionate share of the landowners' royalties under...

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