APPLING v. FEDERAL LAND BANK OF WICHITA

No. 90CA792.

816 P.2d 297 (1991)

Jon APPLING; Jeff Davis; Pat H. Appling; and Colokan, Inc., a Kansas corporation authorized to do business in the State of Colorado, Plaintiffs-Appellants, v. The FEDERAL LAND BANK OF WICHITA; Barth Farms, Inc.; David R. Heck; Linda L. Heck; William D. Shea; Robert T. Goodwin; Michigan Wisconsin Pipe Line Company; ANR Production Company; Calvin James Melcher; Viola Lucille Melcher; S.A. Chorney; and all unknown persons who claim any interest in the subject matter of this action, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

July 18, 1991.


Attorney(s) appearing for the Case

S. Ford Andersen, P.C., S. Ford Andersen, Lamar, for plaintiffs-appellants.

Lefferdink & Bullock, John S. Lefferdink, Lamar, for defendant-appellee Federal Land Bank of Wichita.

Thomas L. Shinn, Lamar, for defendant-appellee Barth Farms, Inc.


Opinion by Judge REED.

In this C.R.C.P. 105 action, plaintiffs, Jon Appling, Jeff Davis, Pat H. Appling, and Colokan, Inc., appeal the summary judgment which determined the interest of Colokan, the Federal Land Bank of Wichita (FLBW), and Barth Farms, Inc. (Barth), in and to the oil, gas, and other minerals (mineral interests) lying in, under, and upon the subject property. We affirm.

The mineral rights here in question all derive from a series of recorded...

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