SMITH v. KANSAS GAS SERVICE CO.

No. 94,602.

169 P.3d 1052 (2007)

Loyd SMITH, et al., Individually and as Representatives of Those Persons Similarly Situated, Appellees/Cross-appellants, v. KANSAS GAS SERVICE COMPANY; ONEOK, Inc.; Mid Continent Market Center, Inc.; ONEOK Gas Storage, LLC; ONEOK Gas Storage Holdings, Inc.; ONEOK Gas Transportation, LLC, Appellants/Cross-appellees, and Western Resources, Inc., Appellee/Cross-appellant.

Supreme Court of Kansas.

October 26, 2007.


Attorney(s) appearing for the Case

James T. Ferrini, of Clausen Miller P.C., of Chicago, Illinois, argued the cause, and Barbara I. Michaelides, of the same firm, and Charles D. Lee, of Martindell, Swearer & Shaffer, LLP, of Hutchinson, were with him on the briefs for appellants/cross-appellees ONEOK, Inc. and Mid Continent Market Center, Inc.

James P. Frickleton, of Bartimus, Frickleton, Robertson & Gorny, P.C., of Leawood, argued the cause, and John F. Edgar and John M. Edgar, of The Edgar Law Firm LLC, of Kansas City, Missouri, Lee Thompson, of Thompson Law Firm, LLC, of Wichita, and Rex A. Sharp, of Gunderson, Sharp & Walke, L.L.P., of Prairie Village, were with him on the brief for appellees/cross-appellants.

Daniel D. Crabtree, John C. Nettels, Jr., and Angela G. Heppner, of Stinson Morrison Hecker LLP, of Overland Park, were on the brief for appellee/cross-appellant Westar Energy, Inc. (formerly known as Western Resources, Inc.).


The opinion of the court was delivered by JOHNSON, J.

ONEOK, Inc. (ONEOK) and Mid Continent Market Center, Inc. (MCMC) appeal the judgment in favor of the plaintiffs in a class action lawsuit filed by Reno County real property owners who claimed to have suffered diminished property values as a result of the escape of natural gas from the Yaggy Field gas storage facility. Finding the district court erred in denying defendants' motion for judgment as a matter of law...

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