STERN v. DUNLAP COMPANY

No. 5158.

228 F.2d 939 (1955)

E. J. STERN and Mabel Stern, Appellants, v. The DUNLAP COMPANY, a Corporation, Appellees.

United States Court of Appeals Tenth Circuit.

December 27, 1955.


Attorney(s) appearing for the Case

L. E. Oman, Las Cruces, N. M. (Whatley & Oman, Las Cruces, N. M., on the brief), for appellants.

Charles Crenshaw, Lubbock, Tex., and Joseph Roehl, Albuquerque, N. M. (Crenshaw, Dupree & Milam, Lubbock, Tex., and Simms & Modrall, Albuquerque, N. M., on the brief), for appellees.

Before BRATTON, HUXMAN and PICKETT, Circuit Judges.


BRATTON, Circuit Judge.

E. J. Stern and Mabel Stern, husband and wife, instituted this action against The Dunlap Company, a corporation organized under the laws of Texas, seeking a declaratory judgment determining the rights and liabilities of the parties, respectively, under a written lease agreement. The litigation had its source in these facts. Plaintiffs owned a store building in Las Cruces, New Mexico, in which they had for many years conducted a dry goods mercantile...

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