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CARLOCK v. NATIONAL CO-OPERATIVE REFINERY ASSOCIATION

Nos. 116-69, 117-69.

424 F.2d 148 (1970)

Charles Lamer CARLOCK, Merle Britting and George B. Powers, Plaintiffs-Appellees, v. NATIONAL CO-OPERATIVE REFINERY ASSOCIATION, a corporation, Defendant-Appellant, and The Vickers Petroleum Co., Inc., a corporation, John S. Wertz, J. A. Vickers, Helen Vickers Springer, George Stallwitz and Robert F. Vickers, Trustees of the J. A. Vickers Testamentary Trusts, the J. A. Vickers Trust Estates and the Thomas Michael Vickers Trust (16 Trusts), Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

April 15, 1970.

Attorney(s) appearing for the Case

Robert Martin, Wichita, Kan. (William Porter, K. W. Pringle, Jr., W. F. Schell, Dale Fair, W. L. Oliver, Jr., W. V. Crank, Thomas C. Triplett, Wayne W. Wallace and Douglas K. Dusenbury, Wichita, Kan., on the brief), for appellants Vickers.

Emmet A. Blaes, Wichita, Kan. (Paul H. Humann, Wichita, Kan., on the brief), for appellant National Co-operative Refinery Assn.

Gerald Sawatzky, Wichita, Kan. (Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan., of counsel on the brief), for appellee Carlock.

Before PICKETT, Senior Circuit Judge, and BREITENSTEIN and HICKEY, Circuit Judges.

HICKEY, Circuit Judge.

In this action the appellee Carlock seeks an accounting for profits due him by virtue of his 25% net profits interest in certain oil and gas leases which he received pursuant to an agreement executed between him and appellant Vickers Petroleum Co., Inc. (Vickers). The interest was subsequently assigned to appellant National Co-operative Refinery Association (hereinafter NCRA).

At a trial to the court below, the court held that Carlock...

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