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WILLIAMS v. NYLUND

No. 6028.

268 F.2d 91 (1959)

Anna Christina Nylund WILLIAMS and Lorene Nylund Butterfield, Appellants, v. Bernardine S. NYLUND, individually, Bernardine S. Nylund, as Trustee under the Will of George A. Nylund, deceased, and Sohio Petroleum Company, an Ohio corporation, Appellees.

United States Court of Appeals Tenth Circuit.

June 9, 1959.

Attorney(s) appearing for the Case

Harold G. Lowrey and Tom Z. Wright, Woodward, Okl., for appellants.

C. Harold Thweatt, Oklahoma City, Okl. (Embry, Crowe, Tolbert, Boxley & Johnson, Oklahoma City, Okl., of counsel, on the brief), for appellee, Sohio Petroleum Co.

Miles & Miles, Beaver, Okl., for Bernardine S. Nylund, co-appellee, adopted brief of co-appellee, Sohio Petroleum Co.

Before MURRAH, LEWIS and BREITENSTEIN, Circuit Judges.

LEWIS, Circuit Judge.

This appeal is taken from an order of the trial court dismissing a complaint for failure to state a claim upon which relief can be granted. Appellants as plaintiffs below sought declaratory relief against the appellees-defendants by complaint filed in the District Court for the Western District of Oklahoma. The complaint is particularly levelled at the validity of an oil and gas lease executed by Bernardine S. Nylund as Trustee under the will...

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