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DEMPSEY v. D. B. & M. OIL & GAS CO.

No. 284.

112 F.Supp. 408 (1953)

DEMPSEY v. D. B. & M. OIL & GAS CO.

United States District Court E. D. Kentucky, Catlettsburg Division.

May 14, 1953.

Attorney(s) appearing for the Case

Arthur T. Bryson, Ashland, Ky., Clyde L. Miller, Louisa, Ky., for plaintiff.

John T. Diederich, Ashland, Ky., John T. Diederich, Trustee, Chesley A. Lycan, Ashland, Ky., LeWright Browning, Ashland, Ky., for the defendants D. B. & M. Oil & Gas Co.

B. J. Pettigrew, Charleston, W. Va., for the Defendant, Ashland Oil & Transportation, Arloe M. Mayne, Ashland, Ky., for the United Fuel Gas Co.

SWINFORD, District Judge.

This case is before the court on the defendants' motion for summary judgment under rule 56(b), Fed.Rules Civ.Proc., 28 U.S.C.A. The record presents the following facts: in 1930 the defendant, John T. Diederich, contacted one L. A. Dempsey, a person experienced in the oil and gas business as it pertained to the securing of leases in Martin County, Kentucky; Dempsey was lacking in finances or to use his own term he was "broke"; Diederich was...

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