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ELK REFINING CO. v. DANIEL

No. 6455.

199 F.2d 479 (1952)

ELK REFINING CO. v. DANIEL et al.

United States Court of Appeals Fourth Circuit.

Decided November 3, 1952.

Attorney(s) appearing for the Case

Thomas W. Moses, Charleston, W. Va. (Dayton, Campbell & Love, Charleston, W. Va., on brief), for appellant.

Bailey, Worrell & Bailey and R. D. Bailey, Pineville, W. Va., on brief for appellees.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

DOBIE, Circuit Judge.

This is an appeal from a judgment, without a jury, of the United States District Court for the Southern District of West Virginia, rescinding a lease between Elk Refining Company, lessee, (hereinafter sometimes referred to as Elk), and F. L. Daniel and Emma J. Daniel, lessors and joint owners of the leased property. The action was first brought by the lessors in the Circuit Court of Wyoming County, West Virginia, but was removed to the United...

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