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MID-CONTINENT PETROLEUM CORPORATION v. RUSSELL

No. 3723.

173 F.2d 620 (1949)

MID-CONTINENT PETROLEUM CORPORATION v. RUSSELL.

United States Court of Appeals Tenth Circuit.

Rehearing Denied April 13, 1949.

Attorney(s) appearing for the Case

R. H. Wills, of Tulsa, Okl. (J. P. Greve and Oscar E. Swan, Jr., both of Tulsa, Okl., on the brief), for appellant.

Leon C. Shipp and T. Murray Robinson, both of Oklahoma City, Okl. (W. E. Robertson, of Oklahoma City, Okl., on the brief), for appellee.

Before PHILLIPS, Chief Judge, and BRATTON and HUXMAN, Circuit Judges.

BRATTON, Circuit Judge.

Mid-Continent Petroleum Corporation, hereinafter referred to as the company, sued Frank Russell, hereinafter referred to as Russell, to recover damages for breach of contract. The cause was tried to the court without a jury; judgment was entered for Russell; and the company appealed.

The judgment was based primarily upon the conclusion of the court that the parties did not enter into a binding contract. That conclusion is challenged...

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