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JOHNSON v. SMITH

No. 3738.

455 P.2d 244 (1969)

Earl R. JOHNSON, Sr., Earl R. Johnson, Jr., and Gladstone Hotel, Inc., Appellants (Defendants below), Harry E. Stuckenhoff, Jack W. Perry, Center Street Investment Co. (Defendants below), v. Phyetta SMITH and C. Hampton Smith, Appellees (Plaintiffs below), Wyoming National Bank of Casper, Appellee (Defendant below).

Supreme Court of Wyoming.

Rehearing Denied July 16, 1969.

Attorney(s) appearing for the Case

R.R. Bostwick, of Murane, Bostwick, McDaniel & Scott, Casper, for appellants.

Ernest Wilkerson, William E. Barton, Brown, Drew, Apostolos, Barton & Massey, Casper, for appellees.

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

Mr. Justice PARKER delivered the opinion of the court.

The property around which this dispute revolves is the Gladstone Hotel, Casper, Wyoming, built about 1923 by C.A. Smith and his wife, Phyetta, and financed by the Massachusetts Mutual Life Insurance Company. In the 1930's the Smiths were joined in the operation of the hotel by their son, C.H. Smith, and following the repeal of prohibition added a bar and lounge to their enterprise. By 1948 the Smiths had paid...

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