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GENERAL BEVERAGES v. ROGERS

No. 4826.

216 F.2d 413 (1954)

GENERAL BEVERAGES, Inc., a corporation, Appellant, v. K. A. ROGERS, being one and the same person as Kenneth A. Rogers, Appellee.

United States Court of Appeals, Tenth Circuit.

September 8, 1954.

Attorney(s) appearing for the Case

G. F. Rainey, Oklahoma City, Okl. (Rainey, Flynn, Green & Anderson, Oklahoma City, Okl., on the brief), for appellant.

John H. Cantrell and Lee B. Thompson, Oklahoma City, Okl. (McInnis, Cantrell, Thompson & Sullivan, Oklahoma City, Okl., on the brief), for appellee.

Before BRATTON and HUXMAN, Circuit Judges, and RITTER, District Judge.

RITTER, District Judge.

This is an appeal from an order of the United States District Court for the Western District of Oklahoma sustaining defendant's motion for a summary judgment and dismissing the complaint.

Both Judge Bratton and Judge Huxman have reviewed the law in this Circuit applicable to summary judgments under the Federal Rules of Civil Procedure, 28 U.S.C.A., Zampos v. United States Smelting, Refining and Mining Co., 10 Cir., 1953,

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