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SUESS v. STAPP

No. 16973.

407 F.2d 662 (1969)

Edward J. SUESS and Dorothy H. Suess, his wife, Plaintiffs-Counter-Defendants-Appellants, v. Jack STAPP, individually and doing business as Stapp Oil Co., and Evon Stapp, his wife, Defendants-Counter-Plaintiffs-Appellees, Union Oil Company of California, a corporation, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

February 27, 1969.

Attorney(s) appearing for the Case

Roscoe C. Nash, John B. Huck, Michael W. Ford, Chicago, Ill., for appellants, Chapman & Cutler, Chicago, Ill., of counsel.

Samuel H. Young, Chicago, Ill., Ben A. Harper, Palatine, Ill., for appellees.

Before HASTINGS, Senior Circuit Judge, KILEY and CUMMINGS, Circuit Judges.

KILEY, Circuit Judge.

The district court decided that a notice of lis pendens under Illinois law is not supported by a suit for recission of a contract of sale of fractional oil leases and for imposition of a constructive trust upon proceeds of the oil purchased under the leases. The court ordered the notice cancelled. We reverse.

This lis pendens question arose in plaintiffs' suit for recission — of a contract involving oil leases — which was...

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