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WARNER BROS. THEATRES v. COOPER FOUNDATION

No. 4192.

189 F.2d 825 (1951)

WARNER BROS. THEATRES, Inc. v. COOPER FOUNDATION et al.

United States Court of Appeals, Tenth Circuit.

May 29, 1951.

Attorney(s) appearing for the Case

D. I. Johnston, Oklahoma City, Okl., and Harold Berkovitz, New York City (Edward E. Soule, and Keaton, Wells, Johnston & Lytle, all of Oklahoma City, Okl. were with them on the brief), for appellant.

M. W. McKenzie, Oklahoma City, Okl., and John C. Mason, Lincoln, Neb. (H. Barney Crawford, Oklahoma City, Okl., and Kenneth E. Anderson, Lincoln, Neb., were with them on the brief), for appellees.

Before PHILLIPS, Chief Judge, and MURRAH and PICKETT, Circuit Judges.

PICKETT, Circuit Judge.

Warner Brothers Theatres, Inc., brought this action in the District Court of Oklahoma County, Oklahoma, seeking to impress a constructive trust upon a ten year lease covering the Liberty Theatre in Oklahoma City. The original defendants were J. H. Cooper, the Cooper Foundation, and the Standard Theatres Corporation. There was a diversity of citizenship between the parties and the case was removed to the United States District Court for the...

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