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BU-VI-BAR PETROLEUM CORPORATION v. KROW

No. 383.

47 F.2d 1065 (1931)

BU-VI-BAR PETROLEUM CORPORATION v. KROW et al.

Circuit Court of Appeals, Tenth Circuit.

March 17, 1931.

Attorney(s) appearing for the Case

Edward P. Marshall, of Tulsa, Okl. (Charles O'Connor and J. J. D. Cobb, both of Tulsa, Okl., on the brief), for appellant.

John H. Cantrell, of Tulsa, Okl. (A. J. Biddison, Harry Campbell, and Valjean Biddison, all of Tulsa, Okl., on the brief), for appellees.

Before COTTERAL, PHILLIPS, and McDERMOTT, Circuit Judges.

McDERMOTT, Circuit Judge.

This is the second appeal of this case. 40 F.2d 488, 69 A. L. R. 1295. The first trial resulted in a verdict for the plaintiffs (appellees here) for $10,500. The evidence on the first trial disclosed that the defendant had repudiated its contract to drill an oil well because the conditions in the oil business had so changed that the expenditure involved no longer promised an attractive speculation. The defendant...

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