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NATIONAL COOP. REFINERY ASS'N v. NORTHERN ORDNANCE

No. 5390.

238 F.2d 803 (1956)

NATIONAL COOPERATIVE REFINERY ASSOCIATION, Appellant, v. NORTHERN ORDNANCE, Inc., Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied November 27, 1956.

Attorney(s) appearing for the Case

Emmet A. Blaes, Wichita, Kan. (Cecil E. Merkel, Jr., Wichita, Kan., on the brief), for appellant.

James E. Dorsey, Minneapolis, Minn., and Verne M. Laing, Wichita, Kan. (Lester L. Morris, Ferd E. Evans, Jr., Ralph R. Brock, Wichita, Kan., and J. Edward Taylor, Jr., Wichita, Kan., on the brief), for appellee.

Before HUXMAN, MURRAH and PICKETT, Circuit Judges.

HUXMAN, Circuit Judge.

This was an action by Northern Ordnance, Inc., herein called Northern, against the National Cooperative Refinery Association, herein called the Association, to recover $55,000 liquidated damages for breach of contract.

The litigation arose out of the sale by the Association to Northern of ten producing oil and gas leases in Barton, Rice and Finney Counties in Kansas, for a total consideration of $2,000,000, of which $1,350,000 was to...

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