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WHITLOW & ASSOCIATES, LTD. v. INTERMOUNTAIN BROKERS, INC.

Civ. No. 2282.

252 F.Supp. 943 (1966)

WHITLOW & ASSOCIATES, LTD., a Hawaii corporation, Plaintiff, v. INTERMOUNTAIN BROKERS, INC., a Utah corporation and The Colwell Company, a California corporation, Defendants.

United States District Court D. Hawaii.

March 25, 1966.

Attorney(s) appearing for the Case

Phillip L. Rother, Honolulu, Hawaii, Hogan, Howell & Rother, Honolulu, Hawaii, of counsel, for plaintiff.

Robertson, Castle & Anthony, Honolulu, Hawaii, J. Garner Anthony, Alexander C. Marrack, Honolulu, Hawaii, and Lloyd F. Dunn, Los Angeles, Cal., of counsel, for defendant, Colwell Co.

TAVARES, District Judge.

Plaintiff brings suit under the Securities Act of 1933 for the return of an $11,000 "good faith" deposit paid in connection with an application for a construction loan. Judgment has been entered against defendant Intermountain Brokers, Inc. ("Intermountain"), and now the plaintiff and defendant The Colwell Company "Colwell") both move for summary judgment. Defendant Colwell contends that it was not plaintiff's agent, and also argues that a...

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