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BAKER v. WEINBERG

No. 2005-CA-001326-MR.

266 S.W.3d 827 (2008)

Rose BAKER; Helen Martin; James R. Baker, Jr.; And Darwin Martin, Appellants, v. Lois WEINBERG; Burl Wells Spurlock; Jed Weinberg; B.B. King; Jesse Hagewood; Betty Minix; and Nell Hagewood, all on behalf of T.A. Martin Partners; Lambert-Spurlock Partnership; and Clean Gas Company, Inc., Appellees.

Court of Appeals of Kentucky.

As Modified September 12, 2008.

Attorney(s) appearing for the Case

William P. Sturm, Lexington, KY, for Appellant.

Ronald G. Combs, Hazard, KY, Randy A. Campbell, Hindman, KY, for Appellee.

Before LAMBERT and WINE, Judges; HENRY, Senior Judge.

OPINION

HENRY, Senior Judge.

Surface owners Rose Baker, Helen Martin, James R. Baker Jr., and Darwin Martin appeal from an order of the Knott Circuit Court awarding summary judgment to the appellees in a dispute involving the ownership and leasehold of the oil and gas rights underlying the appellants' surface property. For the reasons stated below, we vacate the award of summary judgment and remand for additional proceedings consistent with this opinion...

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