NORTHERN NATURAL GAS v. ONEOK FIELD SVCS.

No. 104,279.

296 P.3d 1106 (2013)

NORTHERN NATURAL GAS COMPANY, Appellant, v. ONEOK FIELD SERVICES COMPANY, L.L.C.; Oneok Midstream Gas Supply, L.L.C.; Lumen Energy Corporation; and Lumen Midstream Partnership, LLC, Appellees, v. Nash Oil & Gas, Inc. and L.D. Drilling, Inc., Appellees.

Supreme Court of Kansas.

March 15, 2013.


Attorney(s) appearing for the Case

Mark D. Coldiron , of Ryan Whaley Coldiron Shandy PLLC, of Oklahoma City, Oklahoma, argued the cause, and Corey A. Neller and Paula M. Jantzen , of the same firm, and Richard A. Olmstead , of Kutak Rock LLP, of Wichita, were on the briefs for appellant Northern Natural Gas Company.

Dennis C. Cameron , of Gable & Gotwals, of Tulsa, Oklahoma, argued the cause, and Tyson D. Schwerdtfeger and Bradley W. Welsh , of the same firm, and Robert R. Eisenhauer , of Johnston and Eisenhauer, of Pratt, were on the brief for appellees ONEOK Field Services Company, L.L.C., and ONEOK Midstream Gas Supply, L.L.C.

David L. Heinemann , of Shank & Hamilton, P.C., of Kansas City, Missouri, argued the cause, and S.J. Moore , of the same firm, and Brian J. Madden and Adam S. Davis , of Wagstaff & Cartmell, L.L.P., of Kansas City, Missouri, were on the briefs for appellee Nash Oil & Gas, Inc.

Jim H. Goering , of Foulston Siefkin LLP, of Wichita, argued the cause, and Timothy B. Mustaine , of the same firm, and Larry E. Keenan and Timothy R. Keenan , of Keenan Law Firm, P.A., of Great Bend, were on the brief for appellee L.D. Drilling, Inc., and Mark Banner , of Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., of Tulsa, Oklahoma, were on the brief for appellees Lumen Energy Corporation and Lumen Midstream Partnership, LLC.

Michael Irvin , of Manhattan, was on the brief for amicus curiae Kansas Farm Bureau, Gordon B. Stull , of Stull Law Office, P.A., of Pratt, was on the brief for amicus curiae Haynesville Surface and Minerals Association, Inc., Gregory J. Stucky , of Fleeson, Gooing, Coulson & Kitch, L.L.C., of Wichita, was on the brief for amicus curiae Southwest Kansas Royalty Owners Association, and David G. Seely , of the same firm, was on the brief for amicus curiae Eastern Kansas Royalty Owners Association.

Teresa J. James , of Martin, Pringle, Oliver, Wallace & Bauer, L.L.P., of Overland Park, was on the brief for amicus curiae Southern Star Central Gas Pipeline, Inc.

Will B. Wohlford , of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, and Jeffery L. Carmichael , of the same firm, were on the brief for amicus curiae Val Energy, Inc.


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

In this conversion action, Northern Natural Gas Company (Northern) claims ONEOK Field Services Company, L.L.C., ONEOK Midstream Gas Supply, L.L.C. (collectively ONEOK), Lumen Energy Corporation, and Lumen Midstream Partnership, LLC (collectively Lumen) wrongfully converted natural gas by purchasing gas from two producers, Nash Oil & Gas, Inc. (Nash) and L.D. Drilling,

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