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OKLAHOMA NATURAL GAS CO. v. CONCHO CONST. CO.

Nos. 4712, 4713.

209 F.2d 269 (1953)

OKLAHOMA NATURAL GAS CO. v. CONCHO CONST. CO., Inc. CONCHO CONST. CO., Inc. v. OKLAHOMA NATURAL GAS CO.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied February 2, 1954.

Attorney(s) appearing for the Case

Paul Pinson, Tulsa, Okl. (Carlson, Lupardus, Matthews & Holliman, Tulsa, Okl., on the brief), for appellant and cross-appellee.

Russell F. Thompson, Oklahoma City, Okl. (Monnet, Hayes & Bullis and A. E. Pearson, Oklahoma City, Okl., on the brief), for appellee and cross-appellant.

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

HUXMAN, Circuit Judge.

This is the second appearance of this case in our court. See Concho Construction Company, Inc., v. Oklahoma Natural Gas Company, 201 F.2d 673. There we reversed the judgment appealed from and remanded the case for trial upon the issues.

The facts out of which this controversy arose are set out in detail both in the majority and minority opinions, as reported in 201 F.2d 673...

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