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TERRY v. MIDWEST REFINING CO.

No. 697.

64 F.2d 428 (1933)

TERRY et ux. v. MIDWEST REFINING CO.

Circuit Court of Appeals, Tenth Circuit.

March 31, 1933.

Attorney(s) appearing for the Case

C. R. Brice, of Roswell, N. M., and A. H. Darden, of Raton, N. M. (M. A. Sanchez, of Santa Fé, N. M., E. C. Crampton, of Raton, N. M., and Ellis Douthit, of Abilene, Tex., on the brief), for appellants.

J. O. Seth, of Santa Fé, N. M. (R. J. Fellingham, of Chicago, Ill., A. C. Campbell, of Cheyenne, Wyo., and A. K. Barnes, of Denver, Colo., on the brief), for appellee.

Before LEWIS and McDERMOTT, Circuit Judges, and POLLOCK, District Judge.

LEWIS, Circuit Judge.

This action was instituted in the court below by appellants, husband and wife, for the alleged purpose of recovering possession of 80 acres of land in Lea County, New Mexico. They claim under patent from that state, and alleged that they are owners of the 80 acres in fee simple, and asked —

"that they have judgment for the possession of said premises, and ejecting the defendant therefrom, for the sum of $1,015,000.00 damages, that...

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