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STORM v. BARBARA OIL CO.

No. 39,553

177 Kan. 589 (1955)

282 P.2d 417

FRANK W. STORM and IRENE STORM, his wife; R.E. CARTER and ORDELLA H. CARTER, his wife; and JESSIE V. PICKERELL, a widow, Appellants, v. BARBARA OIL COMPANY, a Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed April 9, 1955.

Attorney(s) appearing for the Case

W. Luke Chapin, of Medicine Lodge, argued the cause, and George D. Ramspeck, of Medicine Lodge, was with him on the briefs for the appellants.

John F. Eberhardt, of Wichita, argued the cause, and Andrew F. Schoeppel, Samuel E. Bartlett, George B. Powers, and Paul H. White, all of Wichita, and Riley W. MacGregor, Vernon F. Coss, and J.W. MacGregor, all of Medicine Lodge, were with him on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

This appeal was taken from an order of the district court granting appellee ninety days to commence, or cause to be commenced, the drilling of an oil or gas well to be completed with due diligence to test the Douglas formation in the Medicine Lodge area and to develop the lease subject to further order of the court or, in the alternative, to release appellee's lease as to the undeveloped acreage. The appellants...

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