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IMPERIAL REFINING CO. v. KANOTEX REFINING CO.

No. 8017.

29 F.2d 193 (1928)

IMPERIAL REFINING CO. v. KANOTEX REFINING CO.

Circuit Court of Appeals, Eighth Circuit.

September 24, 1928.

Attorney(s) appearing for the Case

C. H. Rosenstein, of Tulsa, Okl. (M. H. Silverman, of Tulsa, Okl., on the brief), for plaintiff in error.

John J. Jones, of Chanute, Kan. (E. K. Childers, of Arkansas City, Kan., on the brief), for defendant in error.

Before BOOTH, Circuit Judge, and DEWEY, District Judge.

BOOTH, Circuit Judge.

This is a writ of error to a judgment dismissing a cause, after an order had been entered sustaining a demurrer to the complaint, and after plaintiff had declined to plead further. The questions raised by the demurrer were: (1) Whether the complaint stated facts sufficient to constitute a cause of action; and (2) whether the complaint showed on its face that the alleged cause of action was barred by the statute of limitations of the state of...

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