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UPDIKE v. WEST

No. 3690.

172 F.2d 663 (1949)

UPDIKE et al. v. WEST et al.

United States Court of Appeals Tenth Circuit.

Rehearing Denied March 7, 1949.

Attorney(s) appearing for the Case

Glenn O. Young, of Sapulpa, Okl. (Streeter Speakman, Jr., of Sapulpa, Okl., on the brief), for appellants.

Frank Settle, of Tulsa, Okl., and Dale Kidwell, of Wichita, Kan. (E. O. Monnet and Jack N. Hays, both of Tulsa, Okl., and John Jay Darrah, George W. Ball and Robert B. Morton, all of Wichita, Kan., on the brief), for appellees.

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

MURRAH, Circuit Judge.

The only question presented by this appeal is whether the trial court erroneously denied the appellants' motion to remand this case to the District Court of Creek County, Oklahoma, where it was originally filed.

The appellants, partners doing business under the firm name of Updike Awning Company, sued the appellees, West, Dunlap and Nacheff, and the National Bank of Tulsa, seeking damages for the alleged breach of agreements, under which...

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