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CITIES SERVICE OIL CO. v. DUNLAP

No. 8863.

101 F.2d 314 (1939)

CITIES SERVICE OIL CO. v. DUNLAP et al.

Circuit Court of Appeals, Fifth Circuit.

February 24, 1939.

Attorney(s) appearing for the Case

Clayton L. Orn and David B. Trammell, both of Fort Worth, Tex., for appellant.

William A. Wade and Angus G. Wynne, both of Longview, Tex., and Cecil N. Cook, of Houston, Tex., for appellees.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

SIBLEY, Circuit Judge.

The motion for rehearing asserts that in the Texas courts the rule is established that on an issue of bona fide purchase for value without notice the burden of proof is upon him who attacks the legal title and asserts the equity, citing White v. Hix, Tex.Civ.App., 104 S.W.2d 136; and the contention is made that under the ruling in Erie R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188, 114 A.L.R. 1487...

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