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AMERICAN OIL COMPANY v. McMULLIN

No. 73-1459.

508 F.2d 1345 (1975)

AMERICAN OIL COMPANY, a corporation, Appellee, v. Lawrence S. McMULLIN, Appellant.

United States Court of Appeals, Tenth Circuit.

Decided January 6, 1975.

Attorney(s) appearing for the Case

David S. Cook, Salt Lake City, Utah (Arthur H. Nielsen, Earl Jay Peck, and Nielsen, Conder, Hansen & Henriod, Salt Lake City, Utah, with him on the brief), for appellant.

Walter T. Kuhlmey, Kirkland & Ellis, Chicago, Ill. (Richard J. Goetsch, Chicago, Ill., and Wayne C. Durham, Durham & Swan, Salt Lake City, Utah, with him on the brief), for appellee.

Before LEWIS, Chief Judge, and BREITENSTEIN and SETH, Circuit Judges.

SETH, Circuit Judge.

This litigation involves the several problems arising from various contractual relationships between American Oil Company and Lawrence S. McMullin relating to the operation of a bulk distribution point, retail truck stop and service station, and cafe at Elko, Nevada. According to the characterizations developed in the several contracts, McMullin leased the facility from American, was its commissioned employee-agent insofar as operation of the...

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