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FARRAR v. MOBIL OIL CORP.

No. 103,009.

234 P.3d 19 (2010)

Willie Jean FARRAR and Keith Farrar, as co-trustees of the Keith Farrar Revocable Trust, dated October 22, 1999; John Eldon Gregg and Keith Thomas Gregg, as co-trustees of the Marie Gregg Trust u/a, dated April 26, 1979, as amended; and Thomas L. and Patricia A. Lahey, individually and jointly, Appellees, v. MOBIL OIL CORPORATION, Appellant.

Court of Appeals of Kansas.

June 11, 2010.

Attorney(s) appearing for the Case

Shannon H. Ratliff, of Ratliff Law Firm, P.L.L.C., of Austin, Texas, and Richard C. Hite and Arthur S. Chalmers, of Hite, Fanning, & Honeyman, L.L.P., of Wichita, for appellant.

David G. Seely, Thomas D. Kitch, Gregory J. Stucky, Charles E. Millsap, and Daniel E. Lawrence, of Fleeson, Gooing, Coulson & Kitch, L.L.C., of Wichita, and Erick E. Nordling, of Kramer, Nordling & Nordling, LLC, of Hugoton, for appellees.

Before RULON, C.J., GREENE, J., and LARSON, S.J.

GREENE, J.

ExxonMobil Oil Corporation, formally Mobil Oil Corporation (Mobil), appeals the district court's certification of a class action against it by Mobil's oil and gas lessors of Kansas minerals within the Hugoton Field, or by the successors in interest to such lessors, alleging breach of express and implied covenants by Mobil in the purported improper deduction of expenses from the payment of royalties to lessors. Mobil contends the district court abused its...

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