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APPLEMAN v. KANSAS-NEBRASKA NATURAL GAS COMPANY

No. 4860.

217 F.2d 843 (1954)

Nathan APPLEMAN, Appellant, v. KANSAS-NEBRASKA NATURAL GAS COMPANY, Inc., a corporation, Deerfield Gas Production Company, a corporation, and Kearney Gas Production Company, a corporation, Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied January 24, 1955.

Attorney(s) appearing for the Case

Howard T. Fleeson and Wayne Coulson, Wichita, Kan. (Homer V. Gooing, Paul R. Kitch, Dale M. Stucky, Wichita, Kan., C. H. Rosenstein, Tulsa, Okl., on the brief), for appellant.

Robert Martin, Wichita, Kan. (James D. Conway, Hastings, Neb., George B. Collins, Oliver H. Hughes, K. W. Pringle, Jr., and W. F. Schell, Wichita, Kan., on the brief), for appellee Kansas-Nebraska Natural Gas Co., Inc.

Malcolm Miller, Wichita, Kan. (George B. Powers, Samuel E. Bartlett, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Robert N. Partridge, and Robert M. Siefkin, Wichita, Kan., on the brief), for appellees Kearney Gas Production and Deerfield Gas Production Co.

Before BRATTON and MURRAH, Circuit Judges, and RITTER, District Judge.

MURRAH, Circuit Judge.

Nathan Appleman instituted this equitable action for specific performance of an alleged joint adventure agreement with Kansas-Nebraska Natural Gas Company, Inc., to jointly acquire certain oil and gas properties; and to impress a constructive trust upon those properties, subsequently acquired by Deerfield Gas Production Company and Kearney Gas Production Company as alleged instrumentalities of Kansas-Nebraska his joint adventurer. The trial...

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