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HEATH v. WREN

No. 9483.

395 F.2d 569 (1968)

Fred K. HEATH, Appellant, v. Alice Virginia Bennett WREN, John Mason Beard and Roy C. Lytle, Co-Executors of the Estate of Mary Bennett Sadler, Deceased, Celia Katz, and Shirley Moore Jones, and Cooper Foundation, a corporation, M. J. W., Inc., a corporation, and Ethel Schonwald, and the Prudential Insurance Company of America, Appellees.

United States Court of Appeals Tenth Circuit.

May 20, 1968.

Attorney(s) appearing for the Case

Herbert M. Boyle, Denver, Colo., for appellant.

James C. Chandler, Oklahoma City, Okl. (Roy C. Lytle, Oklahoma City, Okl., on the brief), for appellees.

Before MARVIN JONES, Judge, Court of Claims, and LEWIS and BREITENSTEIN, Circuit Judges.

DAVID T. LEWIS, Circuit Judge.

This appeal reaches us as an offshoot of primary litigation instituted by appellees as the owners and lessors of certain motion picture theater property located in Oklahoma City against a lessee, Cooper Foundation, and its assignee, M. J. W. Theatrical Enterprises, Inc. By judgment entered May 26, 1966, in the main case, the trial court held that Cooper Foundation had assigned its lease rights in good faith and thus was relieved of any...

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