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PERCIVAL CONST. CO. v. MILLER & MILLER AUCTIONEERS, INC.

No. CIV-73-79-E.

387 F.Supp. 882 (1973)

PERCIVAL CONSTRUCTION CO., Plaintiff, v. MILLER & MILLER AUCTIONEERS, INC., Defendant, Ancel Earp et al., Counter-Defendants.

United States District Court, W. D. Oklahoma.

September 12, 1973.

Attorney(s) appearing for the Case

Charles W. Stubbs, Oklahoma City, Okl., for plaintiff.

Shirk, Withington, Work & Robinson, Oklahoma City, Okl., and Garrett, Settle & Callaway, Ft. Worth, Tex., for Miller & Miller Auctioneers, Inc.

John B. Hayes, Oklahoma City, Okl., for U. S. Fid. & Guar. Co. and Fid. & Guar. Ins. Underwriters, Inc.

Clyde A. Muchmore and Charles W. Mooney, Jr., Oklahoma City, Okl., for Stock Yards Bank.

William R. Burkett, U. S. Atty., W. D. Okl., and Givens L. Adams, Asst. U. S. Atty., Oklahoma City, Okl., for U. S.

EUBANKS, District Judge.

The matter now before the Court for disposition is the Motion of Counter-Defendant Stock Yards Bank for Partial Summary Judgment. Plaintiff Percival Construction Co. (Percival) commenced this action against Defendant Miller & Miller Auctioneers, Inc. (Miller) to recover $30,000.00 as proceeds from the sale of certain equipment, allegedly owned by Percival, which was sold at an auction sale conducted by Miller on December 5, 1972, at which...

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