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CLEAVES v. FUNK

No. 1067.

76 F.2d 828 (1935)

CLEAVES v. FUNK.

Circuit Court of Appeals, Tenth Circuit.

April 11, 1935.

Attorney(s) appearing for the Case

E. M. Calkin, of Tulsa, Okl. (Charles L. Yancey, G. C. Spillers, and Donald L. Brown, all of Tulsa, Okl., on the brief), for appellant.

A. F. Moss, of Tulsa, Okl. (H. R. Young, of Tulsa, Okl., on the brief), for appellee.

Before LEWIS and PHILLIPS, Circuit Judges, and KENNEDY, District Judge.

KENNEDY, District Judge.

This appeal involves service of process and limitation of actions under the Oklahoma statutes. The controversy grows out of the following circumstances: The appellant, as plaintiff in the court below, instituted a cause of action for the recovery of money, with interest from the 27th day of January, 1926. On September 15, 1927, the cause of action was first instituted which on February 24, 1932, with the permission of the court, was dismissed...

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