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SHUTTS v. PHILLIPS PETROLEUM CO.

No. 59,588

240 Kan. 764 (1987)

732 P.2d 1286

IRL SHUTTS, et al., Appellees, v. PHILLIPS PETROLEUM COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed February 25, 1987.

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, Arthur R. Miller, of Cambridge, Massachusetts, and T.L. Cubbage, II, of Bartlesville, Oklahoma, were with him on the briefs for the appellant.

Gordon M. Penny, of Chapin & Penny, of Medicine Lodge, argued the cause, and W. Luke Chapin, of the same firm, Harold Greenleaf, of Smith, Greenleaf & Brooks, of Liberal, and Ed Moore, of Ginder & Moore, of Cherokee, Oklahoma, were on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, C.J.:

This is the third time this class action case has come before the Supreme Court for review. In Shutts, Executor v. Phillips Petroleum Company, 222 Kan. 527, 567 P.2d 1292 (1977) (Shutts I), a class action against Phillips Petroleum Company (Phillips), plaintiffs sought to recover interest on "suspense royalties" attributable...

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