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BLANKENSHIP v. ROYALTY HOLDING CO.

No. 4548.

202 F.2d 77 (1953)

BLANKENSHIP et al. v. ROYALTY HOLDING CO.

United States Court of Appeals Tenth Circuit.

February 11, 1953.

Attorney(s) appearing for the Case

Cecil A. Morgan, Fort Worth, Tex. (Spencer Shropshire, Fort Worth, Tex., on the brief), for appellants.

Loyd Benefield, Oklahoma City, Okl. (Savage, Gibson & Benefield, Oklahoma City, Okl., on the brief), for appellee.

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

HUXMAN, Circuit Judge.

The action out of which this appeal arises was originally filed by the Royalty Holding Company, Inc., appellee, against Daisy D. Blankenship, individually, and against her as executrix of the estate of G. T. Blankenship, deceased. The court in that action sustained her motion to dismiss as to her individually for failure to state a claim upon which a recovery could be had. The judgment of the court on the motion, as evidenced by a written journal...

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