L. RUTH FAWCETT TRUST v. OIL PRODUCERS INC.

No. 120,611.

507 P.3d 1124 (2022)

L. RUTH FAWCETT TRUST, Cindy K. Page-Colmer, Trustee, on behalf of itself and all others similarly situated, Appellants/Cross-Appellees, v. OIL PRODUCERS INC. OF KANSAS, Appellee/Cross-Appellant.

Supreme Court of Kansas.

Opinion filed April 15, 2022.


Attorney(s) appearing for the Case

Rex A. Sharp , of Sharp Law, LLP, of Prairie Village, argued the cause, and Barbara C. Frankland and Ryan C. Hudson , of the same firm, were with him on the briefs for appellants/cross-appellees.

Robert W. Coykendall , of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, argued the cause, and Will B. Wohlford , of the same firm, was with him on the briefs for appellee/cross-appellant.

Jeff Kennedy , of Martin, Pringle, Oliver, Wallace & Bauer, L.L.P., of Wichita, was on the brief for amicus curiae Kansas Independent Oil and Gas Association.

David E. Pierce , of Topeka, and Keith A. Brock , of Anderson & Byrd, L.L.P., of Ottawa, were on the brief for amicus curiae Eastern Kansas Oil and Gas Association.

Charles C. Steincamp , of Depew Gillen Rathbun & McInteer, LC, of Wichita, and Joseph A. Schremmer , University of New Mexico School of Law, of Albuquerque, were on the brief for amicus curiae National Stripper Well Association.


This is the second appeal in a class action case alleging a breach of the implied duty to market gas and underpaid royalties. In Fawcett v. Oil Producers, Inc. of Kansas, 302 Kan. 350, 365-66, 352 P.3d 1032 (2015)...

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