J. W. McKIM CORPORATION v. WHELAN

No. 7008.

8 F.2d 241 (1925)

J. W. McKIM CORPORATION v. WHELAN et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied December 4, 1925.


Attorney(s) appearing for the Case

Fred R. Wright, of Denver, Colo. (Charles F. Tew, of Denver, Colo., on the brief), for appellant.

Henry E. Lutz, of Denver, Colo., for appellee Gates.

John W. Lacey, of Cheyenne, Wyo. (Herbert V. Lacey, of Cheyenne, Wyo., on the brief), for appellee J. W. Whelan and certain other appellees.

Before KENYON and BOOTH, Circuit Judges, and AMIDON, District Judge.


KENYON, Circuit Judge.

Appellant was plaintiff in the trial court, and appellees were defendants. For convenience we shall so designate them.

The action was brought to enforce a trust upon certain oil and gas prospecting leases or permits including the benefits therefrom, issued by the Department of the Interior under what is commonly known as the Leasing Act of February 25, 1920 (Comp. St. Ann. Supp. 1923, §§ 4640¼-4640¼ff, 4640¼g...

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