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GILLESPIE v. MARTIN, PRINGLE, OLIVER, WALLACE & SWARTZ

No. 71,260

258 Kan. 91 (1995)

WARREN BROWN GILLESPIE, Appellee, v. MARTIN, PRINGLE, OLIVER, WALLACE & SWARTZ, Appellants.

Supreme Court of Kansas.

Opinion filed July 14, 1995.

Attorney(s) appearing for the Case

Eldon L. Boisseau, of Turner & Boisseau, Chartered, of Wichita, argued the cause and was on the briefs for appellants.

Glenn D. Young, Jr., of Young, Bogle, McCausland, Wells & Clark, P.A., of Wichita, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

McFARLAND, J.:

This is a breach of contract/breach of fiduciary duty action seeking recovery of funds the defendant law firm deducted from plaintiff's share of proceeds received from the sale of working interests in oil and gas leases and from suspended oil runs. The district court entered summary judgment in favor of the plaintiff in the amount of $39,104.89, and the defendant law firm appeals therefrom.

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