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

No. 4523.

201 F.2d 673 (1953)

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

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 9, 1953.

Attorney(s) appearing for the Case

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

Paul Pinson, Tulsa, Okl. (Carlson, Lupardus, Mathews & Holliman, Tulsa, Okl., on the brief), for appellee.

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

PICKETT, Circuit Judge.

This is an action by the Concho Construction Company, Inc., a corporation, to recover damages from the Oklahoma Natural Gas Company, a corporation, for the destruction and loss of use of plaintiff's caterpillar bulldozer. The loss occurred when an employee of Concho was using the machine to build a firebreak on what appeared to be the right of way of Highway 66 east of the town of Britton, Oklahoma. The bulldozer struck and broke off a riser...

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