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BRISTOW BATTERY CO. v. BOARD OF COM'RS OF ROGERS COUNTY, OKL

No. 67.

38 F.2d 562 (1930)

BRISTOW BATTERY CO. et al. v. BOARD OF COM'RS OF ROGERS COUNTY, OKL.

Circuit Court of Appeals, Tenth Circuit.

March 1, 1930.

Attorney(s) appearing for the Case

Adelbert Brown, of Oklahoma City, Okl., and Redmond S. Cole, of Tulsa, Okl. (Brown & Stater, of Oklahoma City, Okl., W. F. Pardoe, of Sapulpa, Okl., and S. A. Denyer, of Drumright, Okl., on the brief), for appellants.

M. E. Jordan, of Tulsa, Okl., and N. B. Johnson, of Claremore, Okl. (Lydick, McPherren & Jordan, of Oklahoma City, Okl., on the brief), for appellees.

Valjean Biddison, of Tulsa, Okl., and James G. Martin and Thomas E. Elcock, both of Wichita, Kan., amici curiæ.

Before LEWIS, COTTERAL, and PHILLIPS, Circuit Judges.

PHILLIPS, Circuit Judge.

Counsel for appellee contend that the judgment in Bristow Battery Co. et al. v. Payne, 123 Okl. 137, 252 P. 423, adjudged that the Drumright bonds held by appellee were invalid. With this statement, I cannot agree. Not only was appellee not a formal party to the record in that case, but the judgment therein did not purport to operate either against the person or upon the property of appellee, except in the particular hereinafter noted. It...

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