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HOVE v. ATCHISON

No. 15609.

238 F.2d 819 (1956)

John G. HOVE, also known as J. G. Hove, and Irma M. Hove, Appellants, v. Charles S. ATCHISON, Appellee.

United States Court of Appeals Eighth Circuit.

December 20, 1956.

Attorney(s) appearing for the Case

Frank F. Jestrab, Williston, N. D. (Harry M. Pippin and Bjella, Jestrab & Neff, Williston, N. D., on the brief), for appellants.

John C. Gunness, Bismarck, N. D. (Cox, Pearce & Engebretson, Bismarck, N. D., on the brief), for appellee.

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

VAN OOSTERHOUT, Circuit Judge.

Plaintiffs, who are lessors in an oil and gas lease, appeal from final judgment denying cancellation of the lease and confirming defendant's leasehold interest. The trial court's memorandum opinion is reported in D.C., 138 F.Supp. 486. The principal issue involved in this appeal is whether the trial court was warranted in concluding that plaintiffs were...

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