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CITIES SERVICE GAS CO. v. KELLY-DEMPSEY & CO.

No. 1963.

111 F.2d 247 (1940)

CITIES SERVICE GAS CO. v. KELLY-DEMPSEY & CO., Inc.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied April 22, 1940.

Attorney(s) appearing for the Case

R. E. Cullison, of Bartlesville, Okl. (A. M. Ebright, R. O. Mason, and Frank H. Bacon, all of Bartlesville, Okl., on the brief), for appellant.

A. C. Saunders, of Tulsa, Okl. (Horace G. McKeever and McKeever, Stewart & McKeever, all of Enid, Okl., on the brief), for appellee.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

PHILLIPS, Circuit Judge.

Cities Service Gas Company, hereinafter referred to as the Gas Company, brought this action against Kelly-Dempsey & Company, Inc., hereinafter referred to as the Construction Company, for alleged breach of a written contract.

For the purpose of settling an existing controversy and an action pending in the United States District Court for the Northern District of Oklahoma, on November 14, 1931, the Gas Company and the Construction...

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