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BUCK v. HALES

No. 75-1402.

536 F.2d 1330 (1976)

Allen Hales BUCK, Jr., and Damien Buck, minors, acting by and through their mother and legal guardian, Patricia C. Buck, Appellants, v. W. T. HALES, Jr., et al., Appellees.

United States Court of Appeals, Tenth Circuit.

Decided June 23, 1976.

Attorney(s) appearing for the Case

Delmer L. Stagner, Halley, Spradling, Stagner & Alpern, Oklahoma City, Okl., for appellants.

Jerry L. Hemry, Oklahoma City, Okl. (Kenneth M. Hemry, and Hemry & Hemry, Oklahoma City, Okl., of counsel, with him on the brief), for W. T. Hales, Jr. and Thelma Hales, as Trustee and as Executrix of the Estate of George A. Hales, appellees.

William G. Paul, Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, Oklahoma City, Okl. (John A. Green, Green & Brown, Inc., and Allen D. Evans and Robert A. Reece, Oklahoma City, Okl., with him on the brief), for Viva Oneta Peterson, individually and as Trustee for W. F. Peterson, Jr., and The Liberty National Bank and Trust Co. of Oklahoma City, as Trustee for W. F. Peterson, Jr., appellees.

Michael Paul Kirschner, Oklahoma City, Okl. (Sally Mock, and Hastie, Kirschner & Kinslow, Oklahoma City, Okl., of counsel, with him on the brief), for The First National Bank and Trust Co. of Oklahoma City, appellee.

Francis S. Irvine, Kerr, Davis, Irvine, Burbage & Green, Oklahoma City, Okl., for Ward Edinger, appellee.

Before HILL, SETH and DOYLE, Circuit Judges.

PER CURIAM.

Appellants are two great grandchildren of W. T. Hales who assert they are discretionary income beneficiaries and are residual beneficiaries of a trust created by the will of W. T. Hales. Appellees are the cotrustees of the trust, the individual beneficiaries of the trust, and trustees of the estates of deceased beneficiaries. Appellants sought (1) a judgment against the beneficiaries for income payments made to them which appellants allege were not made...

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