THOROUGHBRED ASSOC. v. KANSAS ROYALTY CO.

No. 102,598.

248 P.3d 758 (2011)

THOROUGHBRED ASSOCIATES, L.L.C., et al., Appellants/Cross-appellees, v. KANSAS CITY ROYALTY COMPANY, L.L.C.; Robert E. Thomas Revocable Trust; and D.D.H., L.L.C., Appellees/Cross-appellants.

Court of Appeals of Kansas.

February 11, 2011.


Attorney(s) appearing for the Case

David J. Rebein , of Rebein Bangerter, P.A., of Dodge City, and Jeff Kennedy and Marcia A. Wood , of Martin, Pringle, Oliver, Wallace & Bauer, L.L.P., of Wichita, for appellants/cross-appellees.

William J. Skepnek , of Skepnek Fagan & Davis, P.A., of Lawrence, and David E. Pepper and Michael J. Novotny , of Hartzog Conger Cason & Neville, of Oklahoma City, Oklahoma, for appellees/cross-appellants.

Before McANANY, P.J., ATCHESON, J., and LARSON, S.J.


ATCHESON, J.

This appeal arises out of the development of an oil and gas lease in Comanche County and began life as a petition filed more than 8 years ago. In its lifetime, this case has experienced several rounds of summary judgment motions, an interlocutory appeal to this court turned aside without briefing, and a bench trial. The case is back here—this time for a full airing of the issues on cross-appeals.

Summary of the case

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