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YOUNG v. GARRETT

Nos. 12836, 12837.

149 F.2d 223 (1945)

YOUNG v. GARRETT et al. GILBERT et al. v. SAME.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied August 8, 1945.

Attorney(s) appearing for the Case

Charles E. Wright and J. R. Wilson, both of El Dorado, Ark., for appellant Young.

DuVal L. Purkins, of Warren, Ark. (James H. Nobles, Jr., of El Dorado, Ark., and A. A. Thomason, of Magnolia, Ark., on the brief), for appellants Gilbert and others.

J. P. Greve, of Tulsa, Okl. (R. H. Wills, of Tulsa, Okl., and C. W. McKay and W. D. McKay, both of Magnolia, Ark., on the brief), for appellees in both appeals other than Carter Oil Co.

Before STONE, SANBORN, and THOMAS, Circuit Judges.

STONE, Circuit Judge.

These are separate but companion cases in each of which an alternative motion to dismiss or for summary judgment for defendants was filed. The grounds stated for dismissal were (1) failure to join indispensable parties plaintiff and defendant which would defeat diversity of citizenship and (2) no cause of action set forth. The ground stated for summary judgment was that the petition disclosed the action barred by limitation. Affidavits were filed...

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