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PEEVYHOUSE v. GARLAND COAL & MINING COMPANY

No. 8348.

356 F.2d 979 (1966)

Willie PEEVYHOUSE and Lucille Peevyhouse, husband and wife, Appellants, v. GARLAND COAL & MINING COMPANY, a foreign corporation, Appellee.

United States Court of Appeals Tenth Circuit.

February 24, 1966.

Attorney(s) appearing for the Case

James M. Little and Leslie L. Conner, Oklahoma City, Okl. (Woodrow McConnell, of Conner, Little & Conner, Oklahoma City, Okl., was with them on the brief), for appellants.

Robert D. Looney, Oklahoma City, Okl. (Clyde J. Watts, of Watts, Looney, Nichols & Johnson, Oklahoma City, Okl., on the brief), for appellee.

Before LEWIS and BREITENSTEIN, Circuit Judges, and CHRISTENSEN, District Judge.

PER CURIAM.

This appeal is taken from a summary judgment entered by the District Court for the Eastern District of Oklahoma holding that the asserted cause of action pleaded by plaintiffs-appellants had been fully litigated in the state courts of Oklahoma. Peevyhouse v. Garland Coal & Mining Co., Okl., 382 P.2d 109.

The state action was one for damages for breach of a coal mining lease. The instant action is between the...

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