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BEARD v. GENERAL REAL ESTATE CORPORATION

No. 5219.

229 F.2d 260 (1956)

James BEARD, Jr., and Mary Elizabeth Beard, Appellants, v. The GENERAL REAL ESTATE CORPORATION, Appellee.

United States Court of Appeals Tenth Circuit.

January 3, 1956.

Attorney(s) appearing for the Case

Gus Rinehart, Oklahoma City, Okl. (Jack Hatfield, J. Russell Swanson, Enid, Okl., Butler & Morrison, Oklahoma City, Okl., were with him on the brief), for appellants.

R. W. Simons and M. F. Priebe, Enid, Okl. (Simons, Simons, Mitchell, Headrick & Mitchell, Enid, Okl., were with him on the brief), for appellee.

Before BRATTON, Chief Judge, HUXMAN, Circuit Judge, and CHRISTENSON, District Judge.

HUXMAN, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the Western District of Oklahoma dismissing appellants' complaint for failure to state a cause of action.

The amended complaint alleged that prior to July 25, 1954, the Beards rented from the General Real Estate Corporation a residence in Enid, Oklahoma, in which was furnished by the defendant a stove and an electric ice box; that the refrigerator failed to function...

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