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BRYANT v. CHICAGO MILL & LUMBER COMPANY

No. 15090.

216 F.2d 727 (1954)

Rubin BRYANT and Andrew Kennedy, Appellants, v. CHICAGO MILL & LUMBER COMPANY, a corporation, and United States Gypsum Company, Appellees.

United States Court of Appeals Eighth Circuit.

November 12, 1954.

Attorney(s) appearing for the Case

R. D. Smith, Jr., Marianna, Ark. (James T. Gooch, Arkadelphia, Ark., and L. A. Hardin, Little Rock, Ark., on brief), for appellants.

W. H. Daggett, Marianna, Ark. (Daggett & Daggett and J. B. Daggett, Marianna, Ark., on brief), for appellee Chicago Mill & Lumber Co.

George K. Cracraft, Jr., Helena, Ark. (George K. Cracraft, Helena, Ark., on brief), for appellee United States Gypsum Co.

Before GARDNER, Chief Judge, and WOODROUGH and VAN OOSTERHOUT, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

This is an appeal from a summary judgment on defendants' motion based on pleadings, exhibits, affidavits and admissions of fact. Plaintiffs' (appellants) petition to quiet title to some 600 acres of land in dispute was dismissed and upon defendants' cross claims title to such land was quieted in defendants. A well considered opinion by Judge Lemley detailing the facts and setting out the applicable Arkansas law is reported in

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