ROBBINS v. CHEVRON U.S.A., INC.

No. 63,543

246 Kan. 125 (1990)

785 P.2d 1010

EDWARD D. ROBBINS, JR., individually and as Trustee of the Edward D. Robbins Trust, EDWARD GALLUP, FRED GALLUP, and MARGARET GALLUP GARDNER, Appellees, v. CHEVRON U.S.A., INC., Appellant, v. KANSAS GAS SUPPLY CORPORATION, Third-Party Defendant/Intervenor.

Supreme Court of Kansas.

Opinion filed January 19, 1990.


Attorney(s) appearing for the Case

Malcolm Miller, of Wichita, argued the cause, and John P. Woolf and Timothy E. McKee, of Triplett, Woolf & Garretson, of Wichita, were with him on the briefs for appellees.

Joseph W. Kennedy, of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, argued the cause, and Robert W. Coykendall and Gerald N. Capps, of the same firm, were with him on the briefs for appellant.

Lawrence M. Berkowitz, of Stinson, Mag & Fizzell, of Kansas City, Missouri, argued the cause, and John J. Miller, of the same firm, Mark D. Hinderks, of the same firm, of Overland Park, and Michael K. Johnston, of Hampton, Hampton, Johnston & Eisenhauer, of Pratt, were with him on the brief for third-party defendant/intervenor.

Spencer L. Depew and David W. Nickel, of Depew Gillen & Rathbun, of Wichita, were on the brief amicus curiae for Kansas Independent Oil and Gas Association.


The opinion of the court was delivered by

McFARLAND, J.:

In this action plaintiff lessors contend defendant lessee breached an implied covenant to market gas. The district court entered summary judgment in favor of the plaintiffs cancelling the oil and gas leases involved and ordering an accounting. Twelve wells are involved. Defendant appeals therefrom.

Plaintiffs own the mineral interests in approximately 5,900 acres of land situated in Kiowa and...

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