FROST v. DAVIS

No. 21762.

346 F.2d 82 (1965)

Jack FROST, Appellant, v. Nathanael DAVIS et al., Appellees.

United States Court of Appeals Fifth Circuit.

May 20, 1965.


Attorney(s) appearing for the Case

James E. Tribble, Robert Asti, John Rodgers Camp, Jr., and Blackwell, Walker & Gray, Miami, Fla., for appellant.

W. O. Mehrtens, James E. Glass, Miami, Fla., Mershon, Sawyer, Johnston, Dunwody, Mehrtens & Cole, Miami, Fla., of counsel, for appellees.

Before TUTTLE, Chief Judge, and PHILLIPS and WISDOM, Circuit Judges.


TUTTLE, Chief Judge:

This appeal requires that the Court construe a written contract between several parties who were associated in the exploration and development of petroleum properties in Cuba. While the trial court stated, in dismissing the complaint brought by appellant, that "the plaintiff has not proven either count of his complaint by a preponderance of the evidence," the case was submitted to the trial court on a stipulation, and involved simply and solely...

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