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STORRIE COAL CO. v. McALESTER FUEL CO.

No. 1929.

109 F.2d 90 (1940)

STORRIE COAL CO. v. McALESTER FUEL CO.

Circuit Court of Appeals, Tenth Circuit.

January 16, 1940.

Attorney(s) appearing for the Case

Bower Broaddus, of Muskogee, Okl. (Hiram F. Lively, Edward P. Dougherty, and Fred H. Alexander, all of Dallas, Tex., and Julian B. Fite, of Muskogee, Okl., on the brief), for appellant.

A. James Gordon, of McAlester, Okl., and Eugene P. Locke, of Dallas, Tex. (Locke, Locke, Stroud & Randolph, of Dallas, Tex., on the brief), for appellee.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

BRATTON, Circuit Judge.

On May 28th, 1937, McAlester Fuel Company, hereinafter called plaintiff, filed this suit against Storrie Coal Company, hereinafter called defendant, to recover on a promissory note of $20,000, dated June 27, 1930, and due January 1, 1931, and to foreclose a mortgage covering certain coal-bearing land. It was alleged in the complaint that a payment had been made on such note on September 30, 1932, and that the balance due was $11,129.57. Defendant...

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