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BROWNING v. ALLIED HELICOPTER SERVICE, INC

No. 6957.

309 F.2d 712 (1962)

Roy BROWNING and Ena R. Browning, Appellants, v. ALLIED HELICOPTER SERVICE, INC., a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied November 5, 1962.

Attorney(s) appearing for the Case

Richard U. Simon, Fort Worth, Tex., for appellants.

Alfred Stevenson and Stanley Huser, Jr., Holdenville, Okl., for appellee.

Before MURRAH, Chief Judge, and PICKETT and HILL, Circuit Judges.

HILL, Circuit Judge.

The controversy here results from an oral contract between appellants and appellee, whereby appellee agreed to spray, from the air, certain lands belonging to appellants for the purpose of killing timber and brush.

The action was originally filed in state court, with appellee, Allied Helicopter Service, Inc.,1 as plaintiff, to recover, under the oral contract, from appellants, Roy and Ena R. Browning,

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