STERNBERGER v. MARATHON OIL CO.

No. 70,990

257 Kan. 315 (1995)

MARTHA STERNBERGER, individually and as representative of all gas royalty owners to whom defendants have made or should make payment of certain royalties and interest thereon, Appellees, v. MARATHON OIL COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed March 17, 1995.


Attorney(s) appearing for the Case

Evan J. Olson, of Hershberger, Patterson, Jones & Roth, L.C., of Wichita, argued the cause, and Marc P. Clements, of the same firm, and John Gunter, of Marathon Oil Company, of Oklahoma City, Oklahoma, were with him on the briefs for appellant.

Robert W. Christensen, of Christensen, Johnston & Eisenhauer, of Medicine Lodge, argued the cause and was on the briefs for appellees.

Richard C. Hite, of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita, and David E. Pierce, of Shughart, Thompson & Kilroy, of Overland Park, were on the brief for amicus curiae The American Petroleum Institute.

Alan C. Goering, of Goering & Slinkard, of Medicine Lodge, and Robin Stead and Donald F. Heath, Jr., of Robin Stead & Associates, P.C., of Norman, Oklahoma, were on the brief for amicus curiae National Association of Royalty Owners.

Donald P. Schnacke, of Topeka, was on the brief for amicus curiae Kansas Independent Oil and Gas Association.

Dale M. Stucky, Thomas D. Kitch, Gregory J. Stucky, and David G. Seely, of Fleeson, Gooing, Coulson & Kitch, L.L.C., of Wichita, and B.E. Nordling, Wayne Tate, and Erick Nordling, of Kramer, Nordling, Nordling & Tate, of Hugoton, were on the brief for amicus curiae Southwest Kansas Royalty Owners Association.


The opinion of the court was delivered by

ABBOTT, J.:

This is a multistate oil and gas class action suit involving Kansas and non-Kansas plaintiffs who own royalty and overriding royalty interests in oil and gas leases located in Kansas, Oklahoma, Texas, Louisiana, Utah, and Colorado. The Louisiana, Utah, and Colorado leases are no longer in the case and are not in issue on appeal. Defendant Marathon Oil Company's...

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