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FRIESS v. QUEST CHEROKEE, L.L.C.

No. 100,050.

209 P.3d 722 (2009)

J.D. and Vicki FRIESS, Trustees, Appellees, v. QUEST CHEROKEE, L.L.C., Explorer Resources, Inc., Bluestem Pipeline, L.L.C., and Quest Midstream Partners, L.P., Appellants.

Court of Appeals of Kansas.

June 5, 2009.

Attorney(s) appearing for the Case

Jarrod C. Kieffer and David E. Bengtson, of Stinson Morrison Hecker LLP, of Wichita, for appellants.

W.J. Fitzpatrick, of Fitzpatrick & Bass, of Independence, for appellees.

Before RULON, C.J., GREENE and STANDRIDGE, JJ.

GREENE, J.

Quest Cherokee, L.L.C., Explorer Resources, Inc., Bluestem Pipeline, L.L.C., and Quest Midstream Partners, L.P. (collectively Quest) appeal the district court's grant of a mandatory injunction ordering them to remove a pipeline they installed on land owned by the Friess Trust. J.D. and Vickie Friess (the Friesses) are trustees of the Steven B. Friess Irrevocable Trust (the Friess Trust).

Restricting appeal to the question of remedy, Quest argues...

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