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FREEMAN v. WARRIOR

Nos. 179-68, 180-68.

409 F.2d 1101 (1969)

Harry C. FREEMAN, Virginia Freeman Johnson, and Frances D. Reynolds, Plaintiffs-Appellants, v. E. W. WARRIOR, W. G. MOFFITT, L. A. Rounds, George Easley and B. J. Traw, as the Board of Education of Indian Capitol Area Vocational-Technical School, District No. 4, and Indian Capitol Area Vocational-Technical School, District No. 4, Defendants-Appellees. Harry C. FREEMAN et al., Plaintiffs-Appellees, v. E. W. WARRIOR et al., Defendants-Appellants.

United States Court of Appeals Tenth Circuit.

Rehearing Denied May 14, 1969.

Attorney(s) appearing for the Case

Andrew Wilcoxen and Wilcoxen, Gephart, Lunn & Mayes, Muskogee, Okl., for appellants in No. 179-68 and the appellees in No. 180-68.

R. Forney Sandlin, Muskogee, Okl., filed briefs for the appellees in No. 179-68 and appellants in No. 180-68.

Before BREITENSTEIN, SETH, and HICKEY, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Warrior and his co-defendants, as members of an Oklahoma Board of Education, contracted to buy a tract of land from Freeman and his co-plaintiffs. The buyers breached the contract and the sellers sued for specific performance or, in the alternative, for damages. Jurisdiction is based on diversity. The district court denied specific performance. This aspect of the judgment is not attacked. Damages were awarded the sellers in the amount...

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