McCONNICO v. MARRS

No. 7159.

320 F.2d 22 (1963)

Warren L. McCONNICO, Trustee in Bankruptcy for C. O. Hughes, Inc., Appellant, v. Jim MARRS and Marvin L. Marrs, Appellees.

United States Court of Appeals Tenth Circuit.

July 22, 1963.


Attorney(s) appearing for the Case

William J. Threadgill and John T. Gibson, Tulsa, Okl., for appellant.

John Wheeler, Tulsa, Okl. (Doyle Watson, Drumright, Okl., and Wheeler & Wheeler, Tulsa, Okl., on the brief), for appellees.

Before BREITENSTEIN, HILL and SETH, Circuit Judges.


BREITENSTEIN, Circuit Judge.

This bankruptcy proceeding concerns the right of the Trustee to money allegedly due the bankrupt under an oral contract. In substance the trial court found that the contract was for the benefit of a third party and the recovery of the Trustee was reduced by the amount to which the third party was entitled.

The bankrupt, C. O. Hughes, Inc., was in the business of drilling oil wells and owed appellee Jim Marrs $6,035.25 for services...

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