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KRAEMER v. GRAF

No. 1840.

105 F.2d 117 (1939)

KRAEMER et al. v. GRAF.

Circuit Court of Appeals, Tenth Circuit.

June 22, 1939.

Attorney(s) appearing for the Case

Frank H. McFarland and Harry W. Colmery, both of Topeka, Kan. (Roy W. Cliborn, of Marysville, Kan., on the brief), for appellants.

B. J. Lempenau, of Topeka, Kan. (Ladd J. Hubka, of Beatrice, Neb., on the brief) for appellee.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

C. D. Graf as plaintiff brought this action against defendants Mohrbacher, Kreamer, and Pulleine and the Elm Creek Oil and Gas Company.

In his complaint plaintiff alleged that the defendant, Elm Creek Oil and Gas Company, with the defendants, Kraemer, Mohrbacher, and Pulleine, together with F. A. Ellenbecker, and Edgar C. Bennett, entered into a joint adventure; that the Oil and Gas Company was in effect a de facto corporation organized...

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