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CONWAY v. SKELLY OIL CO.

No. 463.

54 F.2d 11 (1931)

CONWAY v. SKELLY OIL CO.

Circuit Court of Appeals, Tenth Circuit.

November 27, 1931.

Attorney(s) appearing for the Case

Lawrence Mills, of Tulsa, Okl. (Mills & Cohen and R. M. Cohen, all of Tulsa, Okl., on the brief), for appellant.

Alvin F. Molony, of Tulsa, Okl. (W. P. Z. German, Robt. M. Turpin, and Geo. W. Cunningham, all of Tulsa, Okl., on the brief), for appellee.

Before COTTERAL and PHILLIPS, Circuit Judges, and JOHNSON, District Judge.

JOHNSON, District Judge.

The court below sustained a general demurrer to plaintiff's amended petition, and, plaintiff having declined to amend further, the petition was dismissed. This ruling and action of the trial court is here for review.

The facts alleged in the petition pertinent to this review are as follows:

One S. C. Newbern was the owner of a 20-acre tract of land lying near the town of Asher in Pottawatomie county, Okl. On November 2, 1922...

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