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SCHOCK v. GILPIN

No. 12259.

255 F.2d 912 (1958)

W. O. SCHOCK, Plaintiff-Appellant, v. Sam A. GILPIN and Farm Bureau Oil Company, Inc., an Illinois corporation, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

June 2, 1958.

Attorney(s) appearing for the Case

Kramer, Campbell, Costello & Wiechert, East St. Louis, Ill., Wm. C. Schock, Fordyce, Mayne, Hartman, Renard & Stribling, Thomas Rowe Schwarz, St. Louis, Mo., for appellant.

John P. Wham, Centralia, Ill., John M. Ferguson, East St. Louis, Ill., Stewart A. Pearce, Carmi, Ill., Leigh M. Kagy, East St. Louis, Ill., Kern & Pearce, Carmi, Ill., Baker, Kagy & Wagner, East St. Louis, Ill., of counsel, for appellees.

Before DUFFY, Chief Judge, and SCHNACKENBERG and HASTINGS, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

By his amended complaint filed in the district court, plaintiff sought cancellation of releases executed by him in favor of defendant Gilpin and a confirmation of plaintiff's claimed interest in a certain oil lease. Defendants having filed answers, the case was tried by the district court without a jury and it was stipulated that the releases might be set aside and that the sole issue became the nature and extent, if any, of plaintiff...

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