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FEDERAL NAT. BANK & TRUST CO. OF SHAWNEE, OKL. v. OWEN

No. 9554.

389 F.2d 457 (1968)

The FEDERAL NATIONAL BANK AND TRUST COMPANY OF SHAWNEE, Shawnee, OKLAHOMA, a national banking corporation, Appellant, v. J. P. OWEN, J. P. Owen, Jr., and J. R. Smith, Appellees.

United States Court of Appeals Tenth Circuit.

February 23, 1968.

Attorney(s) appearing for the Case

Kenneth Abernathy, Shawnee, Okl. (Abernathy & Baker, Shawnee, Okl., of counsel, with him on the brief), for appellant.

John W. Swinford, Oklahoma City, Okl. (Crowe, Boxley, Dunlevy, Thweatt, Swinford & Johnson, Oklahoma City, Okl., of counsel, with him on the brief), for appellees.

Before LEWIS, SETH and HICKEY, Circuit Judges.

SETH, Circuit Judge.

This action for declaratory relief was commenced by the appellees who sought among other things a determination that they had the right to discharge certain liens filed against oil and gas property owned jointly by them and by Okan Oil Company, one of the defendants. The appellees in their complaint further sought to offset the amounts so paid in discharging the liens against indebtedness due by the defendant...

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