WOODWARD v. WRIGHT

No. 5974.

266 F.2d 108 (1959)

D. A. WOODWARD, J. J. Clancy, Louis S. Slewa, Leslie G. Agasim, Marie E. Linder and Ann Boling, Appellants, v. Homer L. WRIGHT, O. A. Farrell, E. H. Forrest and H. D. Hanna, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied April 20, 1959.


Attorney(s) appearing for the Case

R. J. Woolsey, Tulsa, Okl., and N. A. Brown, Chicago, Ill. (Farmer, Woolsey, Flippo & Bailey, Tulsa, Okl., Tillman & Tillman and Don Hampton, Pawhuska, Okl., John B. Durfee, Tulsa, Okl., and Brundage & Short, Chicago, Ill., on the brief), for appellants.

Everette Cunningham, Kilgore, Tex., and Charles R. Gray, Pawhuska, Okl. (W. N. Palmer, Pawhuska, Okl., was with them on the brief), for appellees.

Before HUXMAN, MURRAH and BREITENSTEIN, Circuit Judges.


MURRAH, Circuit Judge.

This is an appeal from a judgment for the defendant-appellees, in an action to rescind a contract for the sale of an undivided interest in oil and gas rights and to recover the amount paid thereon.

The claim is stated in two alternative theories. The first invokes the civil liability provisions of the Securities Act of 1933. § 12(1, 2), Act of May 27, 1933, c. 38, 48 Stat. 84, as amended § 9(1, 2), August 10, 1954, c. 667,...

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