From Casetext: Smarter Legal Research

Northern Natural Gas Producing Co. v. McCoy

Supreme Court of Kansas
Jun 12, 1965
195 Kan. 133 (Kan. 1965)

Opinion

No. 44,116

Opinion filed June 12, 1965.

Appeal from Shawnee district court, division No. 1; BERYL R. JOHNSON, judge. Opinion filed June 12, 1965. Reversed.

Dean Burkhead, of Topeka, argued the cause, and C.A. Arterburn, of Topeka, was with him on the briefs for the appellant.

Mark H. Adams, II, of Wichita, argued the cause, and Harry W. Colmery, of Topeka, Mark H. Adams, Charles E. Jones, William I. Robinson, J. Ashford Manka, Clifford L. Malone, John S. Seeber, Philip L. Bowman and Joe Rolston, of Counsel, all of Wichita, were with him on the briefs for the appellee.


This is an appeal from a judgment of the district court permitting the recovery of an alleged excess payment of income tax to the State of Kansas. The only issue before the trial court was whether appellee should apportion its income tax for the year 1960, under the provisions of G.S. 1949, 79-3218, as amended, or under the provisions of G.S. 1949, 79-3217.

Other than procedural matters which are not questioned the same issue of facts and legal questions were before this court in Webb Resources v. McCoy, 194 Kan. 758, 401 P.2d 879, No. 44,062, recently decided. What was held in the second paragraph of the syllabus and stated in the corresponding part of the opinion controls the decision in the present case.

The judgment is therefore reversed.


Summaries of

Northern Natural Gas Producing Co. v. McCoy

Supreme Court of Kansas
Jun 12, 1965
195 Kan. 133 (Kan. 1965)
Case details for

Northern Natural Gas Producing Co. v. McCoy

Case Details

Full title:NORTHERN NATURAL GAS PRODUCING COMPANY, a Corporation, Appellee, v. WAYNE…

Court:Supreme Court of Kansas

Date published: Jun 12, 1965

Citations

195 Kan. 133 (Kan. 1965)
403 P.2d 128

Citing Cases

Northern Natural Gas Producing Co. v. McCoy

It should here be noted that, based upon substantially the same record, and with respect to the same taxable…

Green v. Gen. Motors Corp.

Given the broadly phrased single syllabus point in Glaze, we are constrained by the force of stare decisis to…