LEVIN v. MAW OIL & GAS, LLC

Nos. 100,132, 100,133, 100,134, 100,135, 100,136, 100,137.

234 P.3d 805 (2010)

Michael L. LEVIN, Diane L. Levin, and Kansas Gas Exploration, LLC, et al., Appellees, v. MAW OIL & GAS, LLC and Clary Energy, LLC, Appellants.

Supreme Court of Kansas.

July 16, 2010.


Attorney(s) appearing for the Case

Jeff Kennedy, of Martin, Pringle, Oliver, Wallace & Bauer, L.L.P., of Wichita, argued the cause, and Teresa Mah, of the same firm, was with him on the brief for appellants.

Lee M. Smithyman, of Smithyman & Zakoura, Chartered, of Overland Park, argued the cause, and Constance L. Shidler, of the same firm, was with him on the briefs for appellees.

Will B. Wohlford, Jeffery L. Carmichael, and Ralph R. Brock, of Morris, Laing, Evans, Brock & Kennedy, Chtd., of Wichita, were on the brief for amici curiae Dart Energy Corporation.

David G. Seely, and Gregory J. Stucky, of Fleeson, Gooing, Coulson & Kitch, L.L.C., of Wichita, were on the joint brief for amicus curiae Eastern Kansas Royalty Owners Association and Southwest Kansas Royalty Owners Association.


The opinion of the court was delivered by BEIER, J.:

This appeal concerns a dispute over six oil and gas leases. Landowners Michael L. Levin and Diane L. Levin; James L. Bell and Sheila R. Bell; Jeffrey Eidemiller and Diane Eidemiller; Donald R. Eidemiller and Sandra K. Eidemiller; Silver Star Ranch, LLC; Robert R. Mazza II and Carol M. Mazza; and Kansas Gas Exploration, LLC (KGE), filed separate petitions to quiet title against Maw Oil & Gas, LLC (Maw), and Clary...

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