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BARBARA OIL CO. v. KANSAS GAS SUPPLY CORP.

No. 66,482

250 Kan. 438 (1992)

827 P.2d 24

BARBARA OIL COMPANY, and PICKRELL DRILLING COMPANY, et al., Plaintiffs, v. KANSAS GAS SUPPLY CORPORATION, Defendant/Third-Party Plaintiff/Appellee/Cross-Appellant, and OXY OIL AND GAS USA, INC., et al., Defendants, v. KANSAS GAS AND ELECTRIC COMPANY, Third-Party Defendant/Appellant/Cross-Appellee.

Supreme Court of Kansas.

Opinion filed February 28, 1992.

Attorney(s) appearing for the Case

Darrell L. Warta, of Foulston & Siefkin, of Wichita, argued the cause, and Timothy B. Mustaine, of the same firm, was with him on the briefs for appellant/cross-appellee Kansas Gas and Electric Company.

Lawrence M. Berkowitz, of Stinson, Mag & Fizzell, of Kansas City, Missouri, argued the cause, and John J. Miller and Larry L. Lorenzen, of the same firm, Gordon B. Stull, of Pratt, and W. DeVier Pierson and Mark Ely Greenwold, of Pierson Semmes and Bemis, of Washington, D.C., were with him on the briefs for appellee/cross-appellant Kansas Gas Supply Corporation.

The opinion of the court was delivered by

LOCKETT, J.:

Natural gas producers, Barbara Oil Co. (Barbara) and Pickrell Drilling Co. (Pickrell), sued Kansas Gas Supply Corporation (KGS), a natural gas pipeline company, and three KGS affiliates (the Oxy companies) in separate actions later consolidated at the district court level. Barbara and Pickrell claimed KGS breached "take or pay" contracts by not buying the required...

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