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SCULLY v. OVERALL

No. 67,945

17 Kan. App. 2d 582 (1992)

840 P.2d 1211

LEWIS JOSEPH SCULLY and JUDITH K. SCULLY, husband and wife, Appellants, v. CLEVE BUFORD OVERALL and JUDY A.C. OVERALL, husband and wife; and J.C.B. RESOURCES, INC., et al., Appellees.

Court of Appeals of Kansas.

Petition for review denied December 23, 1992.

Attorney(s) appearing for the Case

Dan E. Turner and Phillip L. Turner, of Topeka, and Stanley R. Ausemus, of Emporia, for appellants.

Kevin F. Mitchelson, Fred Mitchelson, Samuel J. Marsh, and John H. Mitchelson, of Wheeler & Mitchelson, Chartered, of Pittsburg, and Steven B. Doering, of Law Offices of Steven B. Doering, of Garnett, for appellees.

Before RULON, P.J., ELLIOTT, J., and E. NEWTON VICKERS, District Judge Retired, assigned.

Petition for review denied 252 Kan. ___ (December 23, 1992).

VICKERS, J.:

Plaintiffs Lewis Joseph Scully and Judith K. Scully appeal the trial court's granting of the motion of defendants Cleve Buford Overall, Judy A.C. Overall, and J.C.B. Resources, Inc., for judgment on the pleadings, holding that the Kansas mineral interest lapse statutes, K.S.A. 55-1601 et seq., entitle a mineral owner, who does not take any affirmative steps to maintain a mineral...

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