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McPHERSON v. CEMENT GUN CO.

No. 620.

59 F.2d 889 (1932)

McPHERSON v. CEMENT GUN CO., Inc.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied August 2, 1932.

Attorney(s) appearing for the Case

H. L. Stuart, of Oklahoma City, Okl. (C. I. Francis and Weeks, Morrow & Francis, all of Wichita Falls, Tex., and Ledbetter, Stuart, Bell & Ledbetter, of Oklahoma City, Okl., on the brief), for appellant.

A. J. Biddison, of Tulsa, Okl. (Biddison, Campbell, Biddison & Cantrell, of Tulsa, Okl., on the brief), for appellee.

Before LEWIS, COTTERAL, and PHILLIPS, Circuit Judges.

PHILLIPS, Circuit Judge.

McPherson, hereinafter called plaintiff, brought this action against the Gun Company, hereinafter called defendant, to recover damages for alleged breach of contract.

Defendant demurred to the petition on the ground that it failed to state sufficient facts to constitute a cause of action. The court overruled such demurrer and defendant elected to stand thereon and not plead further. Trial by jury was duly waived and on July 30, 1930...

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