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WILEY v. DIXIE OIL CO.

No. 131.

43 F.2d 51 (1930)

WILEY et al. v. DIXIE OIL CO. Inc.

Circuit Court of Appeals, Tenth Circuit.

August 22, 1930.

Attorney(s) appearing for the Case

Warren H. White, of Hutchinson, Kan., and R. L. NeSmith, of Wichita, Kan. (A. C. Malloy and Roy C. Davis, both of Hutchinson, Kan., on the brief), for appellants.

Earle W. Evans, of Wichita, Kan. (R. R. Vermilion, Jos. G. Carey, W. F. Lilleston, George C. Spradling, and Henry V. Gott, all of Wichita, Kan., and T. W. Arrington, of Tulsa, Okl., on the brief), for appellee.

Before LEWIS, COTTERAL, and PHILLIPS, Circuit Judges.

COTTERAL, Circuit Judge.

This is an appeal from a decree dismissing a suit brought by appellants to require appellee to account for $15,000, as a portion of the oil proceeds from 80 acres of land in Butler county, Kan. The cause was submitted and determined upon motions of the parties for judgment upon the pleadings and an agreed statement of the facts.

In their bill the plaintiffs alleged they were the joint owners of a lease on 80 acres of land, and entered...

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