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Counsel L.W. Brown, Q.C., for first and second appellants, with R.J. McGrane. D.A.R. Williams for third appellant, with L.L. Stevens. G.P. Barton for first respondent, with R.S. Chambers. A.F. MacAlister for fifth respondent, with P.J. Davison. W.D. Baragwanath for sixth respondent, with G.M. Harrison. Judgment 22 December 1981 JUDGMENT OF WOODHOUSE P. AND McMULLIN J. DELIVERED BY WOODHOUSE P.
Simon Kenton, famed in song and story, who "battled with the Indians in a hundred encounters and wrested Kentucky from the savage," was an Irishman's son, while among its famous Indian fighters were Colonels Andrew Hynes, William Casey, and John O'Bannon; Majors Bulger, McMullin, McGarry, McBride, Butler, and Cassidy; and Captains McMahon, Malarkie, Doyle, Phelon, and Brady.
I therefore nominate the said Hampton Westcott to be a lieutenant in the Navy of the United States from the 17th of May, 1828, his former date, and to take rank next after Richard R. McMullin. WASHINGTON, February 3, 1832.
First Appellant, and Morrison Ritchie Davis, Second Appellant, and Ian Harding Gemmell, Third Appellant, and Peter Thomas Mahon, First Respondent, and the Attorney-General, Fourth Respondent, and New Zealand Airline Pilots Association, Fifth Respondent, and the Attorney-General, Sixth Respondent. Coram Woodhouse P. Cooke J. Richardson J. McMullin J. Somers J. Hearing 5th-12th October 1981.
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