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LIDDELL v. SMITH

No. 14778.

345 F.2d 491 (1965)

Harold LIDDELL, Plaintiff-Appellant, v. Noel SMITH, William Theofanopoulos, Sofia Theofanopoulos, and Noel Smith Development Company, Ltd., (formerly known as Midwest Construction Co., Ltd.), Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied May 24, 1965.

Attorney(s) appearing for the Case

Ronald W. Polston, Craig & Craig, Mt. Vernon, Ill., for plaintiff-appellant.

Stewart A. Pearce, Carmi, Ill., Gerald C. Quindry, Richard C. Cochran, Fairfield, Ill., John P. Wham, Centralia, Ill., Kern & Pearce, Carmi, Ill., Wham & Wham, Centralia, Ill., for appellees.

Marshall, Feiger, Robison & Quindry, Loy & Cochran, Fairfield, Ill., for appellees Theofanopoulos.

Before SCHNACKENBERG and KILEY, Circuit Judges, and GRANT, District Judge.

GRANT, District Judge.

Plaintiff Liddell, defendant Noel Smith, and one James Castle (not a party hereto) entered into oral agreement to combine their talents and money for the purpose of buying and clearing timber land in Wayne County, Illinois. As a part of that program they incorporated Sherwood Land Company to hold title to any such lands. Defendant Noel Smith was the sole owner of defendant Noel Smith Development Company, Ltd., (formerly known as Midwest Construction...

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