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NICOSIA v. SHER

No. 5346.

239 F.2d 456 (1956)

Samuel NICOSIA, Appellant, v. Harry B. SHER and Gordon A. Yearty, Appellees.

United States Court of Appeals Tenth Circuit.

December 6, 1956.

Attorney(s) appearing for the Case

T. Austin Gavin and Allen E. Barrow, Tulsa, Okl., for appellant.

Truman B. Rucker and Bryan W. Tabor, Tulsa, Okl., for appellees.

Before PHILLIPS, MURRAH and LEWIS, Circuit Judges.

PHILLIPS, Circuit Judge.

This is an equitable action, brought by Nicosia against Sher and Yearty to cancel an assignment dated August 25, 1954, executed by Nicosia and running to Sher, covering a one-third interest in the seven-eighths working interest in certain oil and gas leases covering lands in Nowata County, Oklahoma, and to establish and quiet Nicosia's interest in such leases and for other relief. In his complaint Nicosia offered to do equity.

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