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PAUL v. SMITH

Nos. 42,750 and 42,882

191 Kan. 163 (1963)

380 P.2d 421

LEWIS A. PAUL, Appellant, v. FRANK W. NORTH, Defendant, and L. CHANDLER SMITH, Appellee.

Supreme Court of Kansas.

Opinion filed April 6, 1963.

Attorney(s) appearing for the Case

Gerrit H. Wormhoudt, of Wichita, argued the cause, and Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, Robert J. Hill, Philip Kassebaum, John E. Rees, Robert T. Cornwell, Willard B. Thompson and David W. Buxton, all of Wichita, were with him on the brief for the appellant. Hugo T. Wedell and Homer V. Gooing, both of Wichita, of counsel.

Oscar S. Brewer, of Kansas City, Missouri, argued the cause, and W.A. Kahrs, of Wichita, was with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action designed to impress a constructive trust upon the assets of the Chandler Investment Company, a corporation, (or upon its stock) formerly owned by the Western Control Corporation, Inc. It is alleged the assets or stocks of the Chandler Investment Company were in the hands of, or subject to the control of, Frank W. North and L. Chandler Smith (defendants-appellees).

Upon joinder...

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