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BREWER v. NATIONAL SURETY CORPORATION

No. 3644.

169 F.2d 926 (1948)

BREWER et al. v. NATIONAL SURETY CORPORATION.

Circuit Court of Appeals Tenth Circuit.

August 25, 1948.

Attorney(s) appearing for the Case

O. B. Martin, of Oklahoma City, Okla. (Andrew Fraley, of Oklahoma City, Okla., on the brief), for appellants.

Clyde Watts, of Oklahoma City, Okla. (Looney, Watts, Ross, Looney & Smith, of Oklahoma City, Okla., on the brief), for appellee.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.

HUXMAN, Circuit Judge.

This is an appeal from the judgment of the trial court dismissing appellants' cause of action on the ground that appellants' amended complaint and the opening statement of their counsel did not state a cause of action against appellee. The sole question is whether the amended complaint and the opening statement of counsel, if established, were sufficient to show that one Roy C. Davis and Roger W. Davis were employees within the provisions of...

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