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MONTGOMERY v. KALAK WATER COMPANY OF NEW YORK, INC.

196 F.Supp. 173 (1961)

Elisabeth H. MONTGOMERY, as Executrix of the Estate of Elisabeth H. Hogan, and Philip B. Johnson, copartners doing business as Cosmos Associates, Plaintiffs, v. KALAK WATER COMPANY OF NEW YORK, INC., Defendant.

United States District Court S. D. New York.

July 6, 1961.

Attorney(s) appearing for the Case

Boal, McQuade & Fitzpatrick, New York City, Arthur M. Boal, New York City, of counsel, for plaintiffs.

Weil, Gotshal & Manges, New York City, Edward C. Wallace, Ira M. Millstein, and Marshall C. Berger, New York City, of counsel, for defendant.

METZNER, District Judge.

This is an action for an accounting of royalties allegedly due since May 1, 1950 under a written agreement dated February 13, 1915 between Kalak Water Company of California, a corporation, and W. W. Solliday and W. C. Schalck. The plaintiffs, Montgomery and Johnson, are successors in interest to Kalak Water Company of California, and the defendant, Kalak Water Company of New York, was formed by and succeeded to the interests of Solliday and...

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