KRONE v. LACY

No. 16932.

305 F.2d 245 (1962)

Allen W. KRONE, Ruth Krone and Ruth L. Shelley, Appellants, v. Patrick J. LACY, Melba V. Lacy, Elsie F. Heidemann, Marion G. Heidemann, Ruth K. Heidemann, Llera A. Nott, Gardner A. Nott, Bernard G. Heidemann, Edward Paul Heidemann, Patsy Heidemann, Harold R. Heidemann, and Elda Heidemann, Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied September 28, 1962.


Attorney(s) appearing for the Case

Floyd E. Wright, Scottsbluff, Neb., and Russell A. Moore, Wichita, Kan., for appellants, and Robert G. Simmons, Jr., and James R. Hancock, Scottsbluff, Neb., on brief.

Ivan Van Steenberg, Jack H. Myers, George P. Burke and Thomas D. Brower, Kimball, Neb., on brief, for appellees.

George P. Burke, Kimball, Neb., for appellees except Lacys.

Before VOGEL and RIDGE, Circuit Judges, and DEVITT, District Judge.


DEVITT, District Judge.

In this appeal from the order of the District Court granting appellees' motion for summary judgment, the sole question is as to the correctness of the trial judge's view that the issue raised is res judicata by virtue of the decision of the Nebraska Supreme Court in a similar action between the same parties.

This action is for damages for the alleged breach of an agreement to transfer oil royalties. The requisite diversity of citizenship...

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