United Fuel Gas Co. v. Preece

STEPHEN P. WHITE, Jr., Special Commissioner.

This appeal is a companion to the case of Stepp v. Stepp, Ky., 288 S.W.2d 337 (1956), and reference is made to the first opinion for a full factual description of the origin of these cases. For purposes of the present appeal it is sufficient to state that this branch of the case began as a suit filed in 1960 by appellees, plaintiffs below, against United Fuel Gas Company and E. C. Ware seeking a mandatory injunction to compel the drilling of certain offset gas wells. Appellees’ motion for summary judgment was filed November 30, 1960. There were no…