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TEXACO, INC. v. HOLSINGER

No. 7708.

336 F.2d 230 (1964)

TEXACO, INC., a Delaware corporation, Appellant, v. Wilmer M. HOLSINGER and Mary L. Moyer, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied October 2, 1964.

Attorney(s) appearing for the Case

Leonard O. Thomas, Kansas City, Kan. (Lee E. Weeks, J. D. Lysaught, Richard Millsap, Robert H. Bingham, Ervin G. Johnston, Roger D. Stanton, Kansas City, Kan., Philip R. Wimbish and William E. Lester, Tulsa, Okl., on the brief), for appellant.

Robert E. Fabian, Kansas City, Kan. (John E. Blake, Bill E. Fabian and John E. Blake, Jr., Kansas City, Kan., on the brief), for appellees.

Before MURRAH, Chief Judge, and PICKETT and HILL, Circuit Judges.

HILL, Circuit Judge.

This declaratory judgment action was originally commenced in the state district court of Kansas to determine the rights and obligations of the parties under a real estate lease executed on June 10, 1953. The case was removed to the United States District Court for the District of Kansas, where a trial to the court was had and resulted in a judgment adverse to the appellant, Texaco, Inc. It appeals.

The stipulated facts show that, by the...

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