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HOME STAKE PRODUCTION CO. v. TRUSTEES OF IOWA COLLEGE

No. 7333.

331 F.2d 919 (1964)

HOME STAKE PRODUCTION COMPANY, a corporation, Appellant, v. TRUSTEES OF IOWA COLLEGE, Grinnell, Iowa, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

May 18, 1964.

Attorney(s) appearing for the Case

Thomas A. Landrith, Jr., of Landrith, McGee & Dowd, Tulsa, Okl. (Richard K. McGee and W. Timothy Dowd, Tulsa, Okla., with him on brief), for appellant.

Jack H. Santee, of Martin, Logan, Moyers, Martin & Conway, Tulsa, Okl. (Villard Martin, Jr., Tulsa, Okl., with him on brief), for appellee.

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

MURRAH, Chief Judge.

This is an appeal from a judgment in a diversity suit, reforming an Oklahoma written contract for mutual mistake of fact. The basic facts, tried to the Court, are not in dispute. Appellant, Home Stake Production Company made a written offer to assign to appellee-Trustees "a 3/32 overriding royalty interest out of the Kipfer `A' Lease" in exchange for appellee's "net profits interest" in the same Lease. Home Stake's written offer was accepted by...

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