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PREAS v. PHEBUS

No. 4339.

195 F.2d 61 (1952)

PREAS v. PHEBUS et al.

United States Court of Appeals Tenth Circuit.

Rehearing Denied March 24, 1952.

Attorney(s) appearing for the Case

D. A. Skeen, Salt Lake City, Utah (Wood R. Worsley, Salt Lake City, Utah, on the brief), for appellant.

Edward F. Richards, Salt Lake City, Utah (Harley W. Gustin, Salt Lake City, Utah, Carvel Mattsson, Richfield, Utah, and Oliver W. Steadman, Cody, Wyo., on the brief), for appellees.

Before BRATTON, HUXMAN and MURRAH, United States Circuit Judges.

HUXMAN, Circuit Judge.

W. N. Preas instituted this action in the State Court of Utah May 16, 1950, against Ray Phebus, Paul Stock, Joe T. Juhan, Weber Oil Company and Equity Oil Company. Plaintiff, Preas, and defendant, Equity Oil Company, are both citizens of the State of Utah. All the remaining defendants are citizens of states other than Utah.

The complaint alleged that Preas was the owner of a particular 1/3 of...

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