Magnolia Petroleum Co. v. Moyle

• Decision Date: 12 July 1947
• Docket Number: 36458.
• Citation: 163 Kan. 368,182 P.2d 127
• Parties: MAGNOLIA PETROLEUM COMPANY v. MOYLE.
• Court: Kansas Supreme Court

182 P.2d 127

163 Kan. 368

MAGNOLIA PETROLEUM COMPANY v. MOYLE.

No. 36458.

Supreme Court of Kansas

July 12, 1947

Appeal from District Court, Stevens County; F. O. Rindom, Judge.

On second rehearing.

Former decision adhered to.

For original opinion of reversal, see 160 Kan. 722, 165 P.2d 419; for opinion on rehearing, see 162 Kan. 133, 175 P.2d 133.

Roy C Davis, of Hutchinson (Warren H. White, Frank S. Hodge, Wm. H Vernon, Eugene A. White, and Robert Y. Jones, all of Hutchinson, on the brief), for appellant.

George C. Spradling, of Wichita (Jos. G. Carey, W. F. Lilleston Henry V. Gott, and Ralph M. Hope, all of Wichita, and R. C Russell, of Great Bend, on the brief), for appellee.

THIELE Justice.

In the above entitled cause, on December 7, 1946, an opinion on rehearing, affirming the judgment of the trial court, a concurring opinion and three dissenting opinions were filed. 162 Kan. 133, 175 P.2d 133.

For what seemed to be sufficient reasons, a second rehearing was granted and additional briefs have been filed and the cause has been reargued.

Upon consideration of that rehearing the justices adhere to their respective views as expressed in the foregoing...