POTLATCH OIL & REFINING CO. v. OHIO OIL CO.

No. 13010.

199 F.2d 766 (1952)

POTLATCH OIL & REFINING CO. et al. v. OHIO OIL CO.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 3, 1952.


Attorney(s) appearing for the Case

E. J. McCabe, E. J. McCabe, Jr., Great Falls, Mont., for appellants.

Louis P. Donovan, Shelby, Mont., W. H. Everett and John W. Gee, Casper, Wyo., for appellee.

Before DENMAN, Chief Judge, and BONE and POPE, Circuit Judges.


POPE, Circuit Judge.

Appellants, plaintiffs below, brought this action to procure an accounting of amounts alleged to be due them from the appellee-defendant under the terms of a so-called "Operating Agreement". This agreement was executed June 15, 1922 by the trustees of a "common law trust" known as Troy-Sweetgrass Oil Syndicate, and the defendant Ohio Oil Company. On the same date the Syndicate assigned to Ohio Oil Company, here called Ohio, a 55 percent interest...

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