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ATOMIC OIL CO. OF OKLAHOMA, INC. v. BARDAHL OIL COMPANY

No. 10175.

419 F.2d 1097 (1969)

ATOMIC OIL COMPANY OF OKLAHOMA, INC., an Oklahoma corporation, and Frank Sweetin and Nadine Sweetin, his wife, Appellants, v. BARDAHL OIL COMPANY, a Missouri corporation; Bardahl Manufacturing Corporation, a Washington corporation; and Bardahl International Corporation, a Washington corporation, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied February 4, 1970.

Attorney(s) appearing for the Case

Lawrence A. Johnson, of Farmer, Woolsey, Flippo & Bailey, Tulsa, Okl., for appellants.

Robert O. Beresford, Seattle, Wash. (Beresford & Booth, Seattle, Wash., and Rheam & Noss, Tulsa, Okl., were on the brief), for appellees.

Before MURRAH, Chief Judge, PICKETT, Senior Circuit Judge, and LEWIS, Circuit Judge.

LEWIS, Circuit Judge.

Although this case presents many facets of argument, the basic appellate issue presented is whether a bond given as a condition precedent to the issuance of a temporary injunction under Fed.R. Civ.P. 65(c)1 is supplemented or supplanted by a second bond issued as a premise to a permanent injunction in view of an ultimate appellate determination that the moving party, here Atomic, was entitled to no injunctive relief...

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