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O'NEIL v. CARGILL

No. 9225.

381 F.2d 726 (1967)

Eugene J. O'NEIL, Paul T. McCUSKER, Gordon MacSmith, C. C. Alexander, Gustaf A. Johnson, Byron Evans and J. Arthur Krauss, Appellants, v. O. A. CARGILL and Harold F. Westcott, Appellees.

United States Court of Appeals Tenth Circuit.

August 9, 1967.

Attorney(s) appearing for the Case

Floyd L. Walker, Tulsa, Okl., for appellants.

Charles Hill Johns, Midwest City, Okl. (James F. Howell and Toney M. Webber, Midwest City, Okl., were with him on the brief), for appellee, Harold F. Westcott.

Leslie L. Conner, Oklahoma City, Okl. (James M. Little and Leslie L. Conner, Jr., of Conner, Little & Conner, Oklahoma City, Okl., were with him on the brief), for appellee, O. A. Cargill.

Before PHILLIPS, LEWIS and HILL, Circuit Judges.

PER CURIAM.

This appeal is taken from an order of the District Court for the Western District of Oklahoma dismissing appellants-plaintiffs' complaint and action for failure to state a claim. The ruling below was premised upon the conclusion that plaintiffs' action constituted a claim for money damages necessitating a collateral attack upon a final judgment of the Supreme Court of Oklahoma. Plaintiffs had alleged that the subject judgment had resulted from the bribing...

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