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HARMON v. McMASTERS

No. 2000-CA-002164-MR.

57 S.W.3d 850 (2001)

Paula HARMON, Appellant, v. Mary McMASTERS and Jerry McMasters, her Husband, Appellees.

Court of Appeals of Kentucky.

October 5, 2001.

Attorney(s) appearing for the Case

Don A. Bailey, Louisa, KY, Brief and Oral Argument for Appellant.

Nelson T. Sparks, Louisa, KY, Brief and Oral Argument for appellee.

Before GUDGEL, Chief Judge; COMBS and JOHNSON, Judges.

OPINION

JOHNSON, Judge:

Paula Harmon has appealed from a summary judgment entered in the Martin Circuit Court on August 14, 2000, which denied her the use of free gas from a gas well located on her property. On appeal, she argues that the right to use free gas is a right that attaches to and "runs with the land." Having concluded that there is no genuine issue as to any material fact and that the appellees are entitled to judgment as a matter of law...

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