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HOCKETT v. TREES OIL CO.

No. 103,309.

251 P.3d 65 (2011)

Arthur Eldean HOCKETT, Individually, and on Behalf of All Others Similarly Situated, Appellants, v. The TREES OIL COMPANY, Appellee.

Supreme Court of Kansas.

May 20, 2011.

Attorney(s) appearing for the Case

Rex A. Sharp , of Gunderson, Sharp & Walke L.L.P., of Prairie Village, argued the cause, and Barbara C. Frankland and David E. Sharp , of the same firm, of Houston, Texas, were with him on the briefs for appellants.

Jeffrey L. Carmichael , of Morris, Laing, Evans, Brock & Kennedy, Chtd., of Wichita, argued the cause, and Will B. Wohlford , of the same firm, was with him on the brief for appellee.

Kimberly A. Green and David W. Nickel , of Depew Gillen Rathbun & McInteer LC, of Wichita, were on the brief for amicus curiae Kansas Independent Oil and Gas Association.

Tammie L. Lord , of Legal Services Bureau, Kansas Department of Revenue, was on the brief for amicus curiae Kansas Department of Revenue.

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

Arthur Eldean Hockett appeals the district court's grant of summary judgment in favor of The Trees Oil Company (Oil Company) on Hockett's purported class action against Oil Company for the alleged wrongful withholding of taxes and fees from royalty payments. We affirm in part and reverse in part.

FACTUAL AND PROCEDURAL OVERVIEW

Pursuant to an oil and gas lease with Oil Company, Hockett has a...

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