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HIGH PLAINS OIL, LTD. v. HIGH PLAINS DRILLING PROGRAM-1981, LTD.

No. 74,339.

22 Kan. App.2d 968 (1996)

925 P.2d 846

HIGH PLAINS OIL, LTD., Plaintiff v. HIGH PLAINS DRILLING PROGRAM-1981, LTD.; HIGH PLAINS DRILLING PROGRAM-1982 Y.E., LTD.; FEDERAL DEPOSIT INSURANCE CORPORATION; and CARL CLARK, as BANKRUPTCY TRUSTEE OF THE BANKRUPTCY ESTATE OF HIGH PLAINS DRILLING PROGRAM-1981, LTD., Case No. 87-20972, Defendants, NATIONAL CITY BANK OF CLEVELAND, OHIO, Appellant, and BOARD OF COUNTY COMMISSIONERS OF NESS COUNTY, Intervenor/Appellee.

Court of Appeals of Kansas.

Opinion filed November 1, 1996.

Attorney(s) appearing for the Case

David L. Stutzman and Derrick L. Roberson, of Arthur, Green, Arthur, Conderman & Stutzman, L.L.P., of Manhattan, for appellant.

Larry D. Tittel, county attorney, for appellee.

Before GERNON, P.J., WAHL, S.J., and DAVID W. KENNEDY, District Judge, assigned.

WAHL, J.:

National City Bank of Cleveland, Ohio, (NCB) appeals the decision of the district court giving the Board of County Commissioners of Ness County, Kansas, (Ness County) priority in proceeds from partition of an oil and gas lease following an order in bankruptcy court modifying the automatic stay from the bankruptcy action of High Plains Drilling Program-1981, Ltd., (the 1981 program) a defendant in the original...

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