MUSGRAVE v. DIERKS LUMBER AND COAL COMPANY

Nos. 35431, 35432 (Considered as Consolidated).

421 P.2d 867 (1966)

Paul MUSGRAVE, Plaintiff in Error, v. DIERKS LUMBER AND COAL COMPANY, a Corporation, Union National Bank in Kansas City, Missouri, a Corporation, New Jersey Oil, Gas and Mining Company of Kansas City, Missouri, a Corporation, Herman Dierks, Herbert Dierks, and DeVere Dierks, Trustees, the Choctaw Lumber Company, a Corporation, Defendants in Error. Perry V. DUNN, Plaintiff in Error, v. The CHOCTAW LUMBER COMPANY, a Corporation, Herman Dierks, Herbert Dierks and DeVere Dierks, Trustees, A.P. Brown, New Jersey Oil, Gas and Mining Company, a Corporation, Dierks Lumber and Coal Company, a Corporation, Herman Dierks, Herbert Dierks, Frederick H. Dierks, Harry L. Dierks, Hada M. Frey, Rose D. Hess, Minna M. Dierks, D.V. Dierks, DeVere Dierks, and the Unknown Heirs, Executors, Administrators, Assigns, Devisees, Trustees, Receivers, Successors and Creditors, immediate and remote, of any of them who or which may be dead, dissolved, inactive, bankrupt, out of business, or in receivership, Defendants in Error.

Supreme Court of Oklahoma.

December 20, 1966.


Attorney(s) appearing for the Case

Paul Musgrave and Perry V. Dunn, pro se.

Tom Finney, Idabel, for defendants in error.


PER CURIAM.

This appeal involves two companion cases, which, in regard to the issue involved here, were treated in the trial court, and for briefing here, in the manner of one consolidated case. Because of this, and the more important fact that the appeal in both cases involves the same question, the two appeals will be considered consolidated for the purpose of this court's decision.

In both cases, the parties appear...

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