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RUSSELL v. SARKEYS

No. 18541.

286 F.2d 736 (1961)

Martha M. RUSSELL, Independent Executrix of the Estate of Frank Russell, Deceased, Appellant, v. S. J. SARKEYS, Appellee.

United States Court of Appeals Fifth Circuit.

February 6, 1961.

Attorney(s) appearing for the Case

Leon Shipp, Robinson, Shipp, Robertson & Barnes, Oklahoma City, Okl., R. G. Ransome, Ransome & Ray, Brownsville, Tex., for appellant.

Fred B. Wagner, Wagner, Graham & Graham, Brownsville, Tex., John E. Luttrell, Luttrell & Luttrell, Norman, Okl., for appellee.

Before TUTTLE, Chief Judge, and JONES and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

The District Court allowed a purchaser at a judgment execution sale to recover from the judgment debtor the amount of the bid price which the purchaser lost by reason of an authoritative legal determination that the property belonged to a third party, not the judgment debtor. This appeal by the judgment debtor Frank Russell1 attacks the judgment on three grounds. But in doing so, it is on the basis of law...

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