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YAHOLA SAND & GRAVEL COMPANY v. MARX

No. 38746.

358 P.2d 366 (1960)

YAHOLA SAND & GRAVEL COMPANY, a corporation, Plaintiff in Error, v. Frank MARX, Defendant in Error.

Supreme Court of Oklahoma.

Rehearing Denied December 13, 1960.

Application for Leave to File Second Petition for Rehearing Denied January 24, 1961.

Attorney(s) appearing for the Case

John M. Gephart, Wagoner, A. Carl Robinson, Julian B. Fite, Muskogee, for plaintiff in error.

Malcolm E. Rosser, Earl Boyd Pierce, Kelly Brown, Muskogee, for defendant in error.

WILLIAMS, Vice Chief Justice.

Many years ago Mr. Frank Marx, the defendant in error, hereinafter referred to merely as plaintiff, was in the employ of a railway corporation. He knew how to figure rates and taxes on interstate shipments.

Mr. Walter Dills was then the manager of a concern which was the predecessor of plaintiff in error, hereinafter referred to merely as defendant. Mr. Dills induced Mr. Marx to leave the railway and come with his concern, promising...

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