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NATIONAL SUPPLY CO. v. CASE OIL & GAS, INC.

No. 62,350

13 Kan. App. 2d 430 (1989)

772 P.2d 1255

NATIONAL SUPPLY COMPANY, A DIVISION of ARMCO, INC., Plaintiff/Appellant, v. CASE OIL & GAS, INC., et al., Defendants, and KEM CORP., a/k/a KINCAID EQUIPMENT MANUFACTURING CORP., Intervenor/Appellee.

Court of Appeals of Kansas.

Opinion filed April 28, 1989.

Attorney(s) appearing for the Case

Ron D. Beal, of Klenda, Mitchell, Austerman & Zuercher, of Wichita, for appellant.

Robert E. Nugent, III, of Morris, Laing, Evans, Brock & Kennedy, of Wichita, for appellee.

Before RULON, P.J., REES, J., and DEAN J. SMITH, District Judge, assigned.

REES, J.:

This is an oil and gas lien foreclosure action. The sole subject for our review is a priority dispute between two creditors, plaintiff National Supply Company (National) and intervenor KEM Corp. (KEM).

At all times material herein, defendant Case Oil & Gas, Inc., (Case) owned a working interest in an oil and gas leasehold and was the lease operator. The underlying lease involved covers a quarter section in Pratt County. The leasehold is commonly...

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