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STRAIGHT v. JAMES TALCOTT, INC.

No. 7396.

329 F.2d 1 (1964)

Russell J. STRAIGHT, Mary D. Evans and Josh J. Evans, co-partners, doing business as Pryor Hay & Grain Company, and Russell J. Straight, Mary D. Evans and Josh J. Evans, as individuals, and Gene D. Dillon, Appellants, v. JAMES TALCOTT, INC., Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied April 13, 1964.

Attorney(s) appearing for the Case

George H. Jennings, Sapulpa, Okl., and Josh J. Evans, Vinita, Okl. (L. Keith Smith, Jay, Okl., with them on brief), for appellants.

Jacob L. Morehead, Tulsa, Okl. (David R. Milsten, Tulsa, Okl., with him on brief), for appellee.

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

MURRAH, Chief Judge.

This is an appeal from a summary judgment in a diversity action by the assignee of a conditional sales contract and attached promissory note. The contract and note were made by the appellant-partnership for the purchase and erection of two grain storage buildings. The judgment gave possession of the buildings to the assignee-corporation, and provided for any deficiency after sale. Appellants do not deny the purchase of the buildings or the execution...

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