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WOOLLEY v. BISHOP

No. 3943.

180 F.2d 188 (1950)

WOOLLEY v. BISHOP.

United States Court of Appeals Tenth Circuit.

Rehearing Denied March 15, 1950.

Attorney(s) appearing for the Case

John F. Simms, Albuquerque, N. M. and Ralph C. Curren, Los Angeles, Cal. (J. R. Modrall, Albuquerque, N. M. and Frank P. Doherty, Los Angeles, on the brief), for appellant.

Robert J. Woolsey, Tulsa, Okl., and Don G. McCormick, Carlsbad, N. M. (George L. Reese, Jr., Carlsbad, N. M., W. E. Green and J. C. Farmer, Tulsa, Okl., on the brief), for appellee.

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

PICKETT, Circuit judge.

F. L. Bishop brought this action in the District Court of Eddy County, New Mexico, to recover a broker's commission which he alleged was due him from Roland Rich Woolley for obtaining a purchaser of certain oil and gas leases in Eddy County, New Mexico. Woolley removed the case to Federal Court in New Mexico because of the diversity of citizenship between the parties. The complaint was in two counts. The court dismissed the second count, and...

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