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LEWIS v. KANSAS PRODUCTION CO., INC.

No. 98,859.

199 P.3d 180 (2009)

David Alan LEWIS and Karen Lewis, Husband and Wife, Appellees, v. KANSAS PRODUCTION COMPANY, INC., Appellant, and Wildcat Energy, Inc., Mark W. McCann, and Maricela E. McCann, Defendants.

Court of Appeals of Kansas.

January 16, 2009.

Attorney(s) appearing for the Case

John R. Horst, of John R. Horst, P.A., of Caney, for the appellant.

Gary House, of Sedan, for the appellees.

Before STANDRIDGE, P.J., PIERRON and GREEN, JJ.

PIERRON, J.

After a bench trial, the district court terminated Kansas Production Company's (KPC) oil and gas lease on David and Karen Lewis' land for KPC's breach of the implied covenant to explore and develop the lease. The court found that KPC received no demand for development before this lawsuit was filed. It also found that KPC's failure to explore or develop the land for 6 years negated the prior demand requirement for cancellation. KPC appeals the termination...

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