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KAYE v. SMITHERMAN

Nos. 4916, 4917.

225 F.2d 583 (1955)

Sammy KAYE and David Krengel, Appellants, v. L. C. SMITHERMAN and Simon Cohen, Appellees. L. C. SMITHERMAN and Simon Cohen, Cross-Appellants, v. Sammy KAYE and David Krengel, Cross-Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied September 7, 1955.

Attorney(s) appearing for the Case

Wayne Coulson, Wichita, Kan. (Howard T. Fleeson, Homer V. Gooing, Paul R. Kitch, Dale M. Stucky, Wichita, Kan., Lee V. Eastman, New York City, were with him on the briefs), for appellants and cross-appellees.

John F. Eberhardt, Wichita, Kan. (George B. Powers, Samuel E. Bartlett, Carl T. Smith, Stuart R. Carter, Robert C. Foulston, Malcolm Miller, Robert N. Partridge, Robert M. Siefkin, Wichita, Kan., J. B. McKay, James B. McKay, Jr., El Dorado, Kan., were with him on the briefs), for appellees and cross-appellants.

Before PHILLIPS, Chief Judge, and BRATTON and HUXMAN, Circuit Judges.

PHILLIPS, Chief Judge.

This is an equitable action brought by Sammy Kaye and David Krengel,1 members of a joint adventure, to impress a constructive trust upon certain oil and gas leases acquired by their co-adventurers, L. C. Smitherman and Simon Cohen,2 and to seek an accounting with respect thereto.

Kaye, who is in the music business, and his business manager, Krengel, were interested in engaging...

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