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LOPATA v. HANDLER

No. 318.

37 F.Supp. 871 (1941)

LOPATA et al. v. HANDLER et al.

District Court, E. D. Oklahoma.

January 24, 1941.

Attorney(s) appearing for the Case

A. N. Boatman, of Okmulgee, Okl., for plaintiffs.

C. B. McCrory, of Okmulgee, Okl., and I. H. Cox, of Tulsa, Okl., for defendants.

RICE, District Judge.

After filing an answer herein the defendants filed a motion for summary judgment supported by affidavits, and served the same upon the attorney for the plaintiff as provided by Rule 56 (c), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. The matter was set for hearing, at which time the attorney for the plaintiff appeared. No counter affidavits were presented on behalf of the plaintiff. The question is whether or not, under...

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