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BRITTON v. DOWELL

No. 5539.

243 F.2d 434 (1957)

W. R. BRITTON, Appellant, v. DOWELL, Inc., a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

March 23, 1957.

Attorney(s) appearing for the Case

Austin R. Deaton, Jr., Ada, Okl. (Orel Busby, W. V. Stanfield and Lee R. West, Ada, Okl., were with him on the brief), for appellant.

Solon W. Smith, Oklahoma City, Okl. (W. D. Hart, Pauls Valley, Okl., William J. Crowe and Hal D. Leaming, Oklahoma City, Okl., were with him on the brief), for appellee.

Before BRATTON, Chief Judge, and MURRAH and LEWIS, Circuit Judges.

LEWIS, Circuit Judge.

Upon an earlier consideration of this case on appeal, 237 F.2d 630, this court set aside a judgment in favor of plaintiff-appellee upon the sole ground that appellee had failed to allege and prove compliance with the provisions of the Oklahoma intangible property tax law,1 such compliance being a jurisdictional prerequisite to recovery upon a cause of action involving a promissory...

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