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BRIMMER v. UNION OIL CO. OF CALIFORNIA

No. 1259.

81 F.2d 437 (1936)

BRIMMER v. UNION OIL CO. OF CALIFORNIA.

Circuit Court of Appeals, Tenth Circuit.

January 30, 1936.

Attorney(s) appearing for the Case

Harold C. Morton, of Los Angeles, Cal. (F. Chatterton and W. O. Wilson, both of Cheyenne, Wyo., on the brief), for appellant.

Jerry H. Powell, of Los Angeles, Cal. (Paul M. Gregg, of Los Angeles, Cal., C. R. Ellery, of Cheyenne, Wyo., and G. R. Hagens, of Casper, Wyo., on the brief), for appellee.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.

BRATTON, Circuit Judge.

This is an action to recover damages for breach of contract. The fourth amended petition contained three causes of action. A demurrer thereto in the nature of a motion to dismiss was sustained and judgment entered for defendant. The facts alleged in the first cause of action and admitted by the demurrer were that on December 15, 1920, the Secretary of the Interior executed and delivered to F. Chatterton a lease covering 2,400 acres of land...

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