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REYNOLDS-REXWINKLE OIL, INC. v. PETEX, INC.

No. 77,396.

268 Kan. 840 (2000)

1 P.3d 909

REYNOLDS-REXWINKLE OIL, INC., Appellee/Cross-appellant, v. PETEX, INC., Appellant/Cross-appellee.

Supreme Court of Kansas.

Opinion filed March 17, 2000.

Attorney(s) appearing for the Case

Lee Thompson, of Triplett, Woolf & Garretson, LLP, of Wichita, argued the cause, and Rachael K. Pirner, of the same firm, was with him on the briefs for appellant/cross-appellee.

Zackery E. Reynolds, of The Reynolds Law Firm, P.A., of Fort Scott, argued the cause, and David J. Morgan and Todd King, of Hersberger, Patterson, Jones & Roth, L.C., of Wichita, were on the briefs for appellee/cross-appellant.

The opinion of the court was delivered by

LARSON, J.:

The difficult legal question in this appeal is whether an overriding royalty interest held by Reynolds-Rexwinkle Oil, Inc., (Reynolds) in an oil and gas lease terminated upon expiration of the lease or whether it extended to a subsequent oil and gas top lease on the same acreage negotiated by the assignee of the initial lease, Petex, Inc., (Petex) and the landowners.

The trial court ruled the later...

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