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MIDLAND OIL CO. v. MOORE

No. 6575.

2 F.2d 34 (1924)

MIDLAND OIL CO. v. MOORE et al.

Circuit Court of Appeals, Eighth Circuit.

October 18, 1924.

Attorney(s) appearing for the Case

S. N. Hawkes, of Bartlesville, Okl. (H. O. Caster, Hayes McCoy, and J. J. Hedrick, all of Bartlesville, Okl., and A. C. Hough, of Oklahoma City, Okl., on the brief), for plaintiff in error.

Frank T. McCoy, of Pawhuska, Okl. (E. E. Grinstead, E. F. Scott, and A. M. Widdows, all of Pawhuska, Okl., and J. R. Spielman, of Oklahoma City, Okl., on the brief), for defendants in error.

Before SANBORN and LEWIS, Circuit Judges, and FARIS, District Judge.

LEWIS, Circuit Judge.

This action was brought on December 6, 1921, in the State court, in the names of V. P. Moore and Benjamin Ball as partners, against plaintiff in error, defendant below, to recover damages. Then it was removed to the court below. The complaint alleges that the plaintiffs, as copartners, were the owners of 235 head of cattle which they kept in a pasture, that on and after December 15, 1918, and up to April 25, 1919, defendant, in carrying on its...

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