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WOODARD v. OUTLAND

No. 8612.

37 F.2d 87 (1929)

WOODARD v. OUTLAND.

Circuit Court of Appeals, Eighth Circuit.

December 12, 1929.

Attorney(s) appearing for the Case

O. L. O'Brien, of Independence, Kan. (P. E. Reeder, of Kansas City, Mo., H. H. Montgomery, of Bartlesville, Okl., Banks, O'Brien & McVey, of Independence, Kan., and Winger, Reeder, Barker, Gumbiner & Hazard, of Kansas City, Mo., on the brief), for appellant.

W. H. H. Piatt, of Kansas City, Mo. (Thomas R. Marks, of Kansas City, Mo., on the brief), for appellee.

Before KENYON and BOOTH, Circuit Judges, and REEVES, District Judge.

BOOTH, Circuit Judge.

This is an appeal from an order barring appellant, plaintiff below, from further prosecuting an action at law. The sinuosities of practice leading up to the order were in substance as follows: The suit was brought upon a verbal contract covering the drilling of certain wells upon lands held by plaintiff under leases. The petition set out the contract as follows:

"As a result of said negotiations, on or about the 7th day of December, 1921...

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