FAWCETT v. OIL PRODUCERS, INC. OF KANSAS

No. 108,666.

352 P.3d 1032 (2015)

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

Supreme Court of Kansas.

July 2, 2015.


Attorney(s) appearing for the Case

Robert W. Coykendall , of Morris, Laing, Evans, Brock & Kennedy, Chtd., of Wichita, argued the cause, and Will B. Wohlford and Julia Gilmore Gaughan of the same firm, of Topeka, were with him on the briefs for appellant.

Rex A. Sharp , of Gunderson Sharp LLP., 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 appellee.

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

David E. Pierce , of Topeka, was on the brief for amicus curiae Eastern Kansas Oil & Gas Association.

Curtis M. Irby , of Glaves, Irby and Rhoads, of Wichita, was on the brief for amicus curiae DCP Midstream, LP.


This is a class action for underpayment of royalties claimed under 25 oil and gas leases entered into between 1944 and 1991. The controversy arises because the lessee-operator sells its raw natural gas at the wellhead to third parties, who in turn process the gas before it enters the interstate...

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