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REAL ESTATE-LAND TITLE & TRUST CO. v. TOWN OF FAIRFAX

No. 1359.

84 F.2d 675 (1936)

REAL ESTATE-LAND TITLE & TRUST CO. et al. v. TOWN OF FAIRFAX, OKL.

Circuit Court of Appeals, Tenth Circuit.

June 30, 1936.

Attorney(s) appearing for the Case

Harris L. Danner and G. A. Paul, both of Oklahoma City, Okl. (John H. Shirk and Charles E. Earnheart, both of Oklahoma City, Okl., on the brief), for appellants.

Henry G. Snyder, of Oklahoma City, Okl. (Walter L. Gray and D. E. Foley, both of Fairfax, Okl., H. R. Duncan and H. W. Conyers, both of Tulsa, Okl. and W. A. Lybrand, of Oklahoma City, Okl., on the brief), for appellee.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.

PER CURIAM.

This is an action at law to recover $19,500 upon improvement bonds. Plaintiff alleged that the town, through its clerk and the county treasurer, collected from the taxpayers in the benefit district sufficient money to pay plaintiff's bonds, but on demand refused to pay them. The town generally denied, and specifically denied it had collected any moneys; alleged that if any moneys had been collected, they were collected...

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