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KLEIN v. SHELL OIL COMPANY

No. 18742.

386 F.2d 659 (1967)

Reuben KLEIN and Elaine D. Klein, Appellants, v. SHELL OIL COMPANY, a Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

December 12, 1967.

Attorney(s) appearing for the Case

Gerald S. Rufer, of Rufer, Blatti, Hefte & Pemberton, Fergus Falls, Minn., for appellants.

Robert E. Bowen, of Cant, Haverstock, Beardsley, Gray & Plant, Minneapolis, Minn., for appellee.

Before VAN OOSTERHOUT, MATTHES and MEHAFFY, Circuit Judges.

MATTHES, Circuit Judge.

This appeal by plaintiffs below presents for our determination the single question whether the district court erred in failing to grant plaintiffs a jury trial. The basic issue, however, underlying the propriety of the court's denial of a jury trial is whether plaintiffs' lawsuit is, as they characterize it, a legal action to recover upon a debt arising out of a fully executed contract for the sale...

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