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FAWCETT v. OIL PRODUCERS, INC. OF KANSAS

No. 108,666.

306 P.3d 318 (2013)

L. Ruth FAWCETT, Appellee, v. OIL PRODUCERS, INC. OF KANSAS, Appellant.

Court of Appeals of Kansas.

July 19, 2013.

Attorney(s) appearing for the Case

Robert W. Coykendall and Will B. Wohlford , of Morris, Laing, Evans, Brock & Kennedy, Chtd., of Wichita, and Julia Gilmore Gaughan , of the same firm, of Topeka, for appellant.

Rex A. Sharp and Barbara C. Frankland , of Gunderson, Sharp & Walke L.L.P., of Prairie Village, and David E. Sharp , of the same firm, of Houston, Texas, for appellee.

David W. Nickel , of DePew Gillen Rathbun & McInteer, LC, of Wichita, for amicus curiae Kansas Independent Oil and Gas Association.

Before ATCHESON, P.J., GREEN and McANANY, JJ.

GREEN, J.

This interlocutory appeal under K.S.A. 60-2102(c) involves a class action brought by a royalty owner in Seward County, Kansas, on behalf of all royalty owners who were paid royalties from Oil Producers, Inc. of Kansas (OPIK), which owned the working interest or which operated Kansas wells from January 1, 1996, to the present. The plaintiff, L. Ruth Fawcett Trust, with Les Spaulding as the Trustee (Fawcett) claimed that OPIK had underpaid royalties, and sought...

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