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GALL v. BRASHIER

No. 3634.

169 F.2d 704 (1948)

GALL v. BRASHIER et al.

Circuit Court of Appeals Tenth Circuit.

Rehearing Denied August 30, 1948.

Attorney(s) appearing for the Case

Albert D. Lynn and J. B. Dudley, both of Oklahoma City, Okl. (Paul Dudley and Dudley, Duvall & Dudley, all of Oklahoma City, Okl., on the brief), for appellant.

Geo. N. Otey, of Ardmore, Okl. (Otey, Johnson & Evans, of Ardmore, Okl., on the brief), for appellees.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.

PHILLIPS, Circuit Judge.

Gall brought this action against the Brashiers in the district court of Garvin County, Oklahoma, for specific performance of an agreement to give an oil and gas lease on certain lands in Garvin County, owned by the Brashiers and others. The case was duly removed to the United States District Court. The trial court sustained a motion to dismiss the second amended complaint1 and dismissed the action.

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