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HONOLULU OIL CORPORATION v. KENNEDY

No. 15049.

251 F.2d 424 (1957)

HONOLULU OIL CORPORATION, Appellant, v. Katharine H. KENNEDY and Mark C. Elworthy, Executors of the Will of Frank Kennedy, deceased, Appellees.

United States Court of Appeals Ninth Circuit.

June 17, 1957.

Attorney(s) appearing for the Case

Herbert W. Clark, Morrison, Foerster, Holloway, Shuman & Clark, A. L. Gibson, San Francisco, Cal., for appellant.

Kenneth Ferguson, George A. Andrews, Jr., Pedder, Ferguson & Pedder, Harold W. Elliott, San Francisco, Cal., for appellees.

Before STEPHENS and FEE, Circuit Judges, and EAST, District Judge.

JAMES ALGER FEE, Circuit Judge.

The facts in this case are drawn from the agreed statement of facts and documentary exhibits.

This action was commenced on November 21, 1950, by Katharine H. Kennedy and Mark Elworthy (hereinafter referred to as "appellees"), as executors of the estate of Frank Kennedy, against Honolulu Oil Corporation (hereinafter referred to as "Honolulu") for damages on account of alleged underpayments to Kennedy of various oil royalties...

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