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FRONTIER REFINING COMPANY v. KUNKEL'S, INC.

No. 3432.

407 P.2d 880 (1965)

FRONTIER REFINING COMPANY, a corporation, Appellant (Plaintiff below), v. KUNKEL'S, INC., a partnership, George Fairfield, Clifford D. Kunkel and Harlan Beach, partners, associated in business under the common name and style of Kunkel's, Inc., Appellees (Defendants below).

Supreme Court of Wyoming.

November 19, 1965.

Attorney(s) appearing for the Case

Richard F. Pickett, of Loomis, Lazear, Wilson & Pickett, Cheyenne, for appellant.

W. A. Smith, H.S. Harnsberger, Jr., Lander, for appellees.

Before PARKER, C.J., and HARNSBERGER, GRAY, and McINTYRE, JJ.

Mr. Justice GRAY delivered the opinion of the court.

Plaintiff Frontier Refining Company commenced an action against Kunkel's, Inc., as a partnership, and George Fairfield, Clifford D. Kunkel and Harlan Beach, as members thereof, to recover a balance claimed due on an open account. By its amended complaint, Frontier alleged that the individual defendants by oral agreement were associated in the business of operating a service station and truck terminal in Cheyenne...

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