AMOCO PRODUCTION CO. v. WILSON, INC.

No. 77,999.

266 Kan. 1084 (1999)

976 P.2d 941

AMOCO PRODUCTION COMPANY, Appellee, v. CHARLES B. WILSON, JR., INC.; UMC PETROLEUM CORPORATION; CHARLES B. WILSON, JR.; BILLY R. POWELL; and BARBARA F. POWELL, Appellants.

Supreme Court of Kansas.

Opinion filed March 12, 1999.


Attorney(s) appearing for the Case

James G. Flaherty, of Anderson, Byrd, Richeson & Flaherty, of Ottawa, argued the cause and was on the briefs for appellants Charles B. Wilson, Jr., Inc., Charles B. Wilson, Jr., Billy R. Powell, and Barbara F. Powell.

Terry J. Barker, of Pezold, Richey, Caruso & Barker, of Tulsa, Oklahoma, argued the cause, and Joseph C. Woltz, of the same firm, and Eric L. Witcher and William J. Graybill, of Graybill & Witcher, of Elkhart, were with him on the briefs for appellant UMC Petroleum Corporation.

Steven D. Gough, of Kahrs, Nelson, Fanning, Hite & Kellogg L.L.P., of Wichita, argued the cause, and Ruth B. Johnson, of Denver, Colorado, was with him on the brief for appellee Amoco Production Company.


LARSON, J.:

This is an appeal by the non-operators of an oil and gas lease, Charles B. Wilson, Jr., Inc.; Charles B. Wilson, Jr.; Billy R. Powell; and Barbara F. Powell (collectively Wilson) and UMC Petroleum Corporation (UMC), from a decision construing the terms of an operating agreement dated August 1, 1980, with Amoco Production Company (Amoco) as the operator, covering "[a]ll rights below the base of the Hugoton" in Section 35, Township 29 South, Range 40 West...

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