DAVENPORT v. UNITED STATES

No. 69.

34 F.Supp. 290 (1940)

DAVENPORT v. UNITED STATES.

District Court, S. D. West Virginia.

August 3, 1940.


Attorney(s) appearing for the Case

Arthur Dayton, of Charleston, W. Va. (Blue, Dayton & Campbell, of Charleston, W. Va., on the brief), for plaintiff.

Lester Gibson, Sp. Asst. to the Atty. Gen., and Charles M. Love, Jr., Asst. U. S. Atty., of Charleston, W. Va. (L. R. Via, U. S. Atty., and John W. Hereford, Asst. U. S. Atty., both of Huntington, W. Va., on the brief), for defendant.


BARKSDALE, District Judge.

Findings of Fact.

Upon defendant's motion to dismiss plaintiff's complaint upon the ground that the complaint fails to state a cause of action, the allegations of plaintiff's complaint must be taken as the facts of the case, and I so find. Briefly stated, these facts are:

That plaintiff, on November 29, 1926, purchased a 1/16 interest in an oil and gas royalty in Texas; thereafter, on May 1, 1928, he purchased another 1...

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