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KANSAS BAPTIST CONVENTION v. MESA OPERATING LTD.

No. 72,663

258 Kan. 226 (1995)

THE KANSAS BAPTIST CONVENTION and HUGOTON ENERGY CORPORATION, Appellees/Cross-Appellants, v. MESA OPERATING LIMITED PARTNERSHIP and HUGOTON CAPITAL LIMITED PARTNERSHIP, Appellants/Cross-Appellees.

Supreme Court of Kansas.

Opinion filed July 14, 1995.

Attorney(s) appearing for the Case

Donald W. Bostwick, of Adams, Jones, Robinson and Malone, Chartered, of Wichita, argued the cause, and Michael P. Dreiling, of Sharp, McQueen, McKinley, Dreiling and Morain, P.A., of Liberal, was with him on the briefs for appellants/cross-appellees.

Richard D. Greene, of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, argued the cause, and Robert W. Coykendall, of the same firm, was with him on the brief for appellees/cross-appellants.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

This is the second time this case has been before the court. Originally, this was an action brought by the Kansas Baptist Convention (Baptists) and Hugoton Energy Corporation (Hugoton Energy) against Mesa Operating Limited Partnership (Mesa) to avoid or reform a 1952 contract, which fixed the price at which the Baptists and Hugoton Energy sold gas to Mesa and required them to pay actual costs and expenses...

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