PEABODY GALION v. DOLLAR

No. 81-1391.

666 F.2d 1309 (1981)

PEABODY GALION, a division of Peabody International Corporation, Appellant, v. A. V. DOLLAR, et al., Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied February 24, 1982.


Attorney(s) appearing for the Case

Kent F. Frates, Ellis & Frates, Oklahoma City, Okl., for appellant.

Ben A. Goff, Oklahoma City, Okl., for appellees.

Before HOLLOWAY, DOYLE and SEYMOUR, Circuit Judges.


WILLIAM E. DOYLE, Circuit Judge.

Peabody Galion, a division of Peabody International Corporation, here appeals a judgment entered by the United States District Court for the Eastern District of Oklahoma, which denied its motion for summary judgment.1 The appeal challenges this order of the trial court. Thus, appellant maintains that as a matter of law it is entitled to prevail in the case.

The facts briefly stated are these:

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