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EMERSON v. LABOR INVESTMENT CORPORATION

No. 6333.

284 F.2d 946 (1960)

Joe Bailey EMERSON, Appellant, v. LABOR INVESTMENT CORPORATION, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

December 8, 1960.

Attorney(s) appearing for the Case

Charles R. Nesbitt, Oklahoma City, Okl., for appellant.

James E. Grigsby, Oklahoma City, Okl., for appellee.

Before PHILLIPS, LEWIS and BREITENSTEIN, Circuit Judges.

LEWIS, Circuit Judge.

Appellant brought action for damages for breach of an option contract for the sale and purchase of appellee's capital stock, alleging federal jurisdiction by reason of diversity of citizenship. Appellee, by answer, admitted the breach in that it refused to issue stock under the stock option, but asserted that the agreement in its inception was violative of 18 O.S.A. § 1.461 and further alleged

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