SALVATION ARMY v. MORRIS

Nos. 236-68, 237-68.

421 F.2d 805 (1970)

The SALVATION ARMY, a Georgia corporation, Plaintiff-Appellant, Cross Appellee, v. Thomas J. MORRIS, Defendant-Appellee, and Kathryne Morris Leverett, Gertrude Morris Hudspeth, Daisy Morris Moore Duvall, and Ruth Morris Zelief Dunkin, Defendants-Appellees, Cross Appellants, and Phillips Petroleum Co., Mobil Oil Corporation, the British-American Oil Producing Company, P. G. Lake, Inc., Sinclair Oil and Gas Company, Cities Service Oil Company, and Mid-American Oil Company, Defendants-Nominal Appellees.

United States Court of Appeals, Tenth Circuit.

February 9, 1970.


Attorney(s) appearing for the Case

A. Paul Murrah, Jr., of Andrews, Mosburg, Davis, Elam, Legg & Kornfield, A. P. C., Oklahoma City, Okl., for plaintiff-appellant, cross appellee.

William G. Paul, Oklahoma City, Okl. (C. Harold Thweatt and Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, Oklahoma City, Okl., were with him on the brief) for defendants-appellees, cross appellants.

Before LEWIS, Circuit Judge, FAHY, Senior Circuit Judge, and SETH, Circuit Judge.


LEWIS, Circuit Judge.

This is an appeal from an order of the United States District Court for the Western District of Oklahoma dismissing the appellant's suit for lack of jurisdiction over the subject matter.

By its complaint, the appellant seeks to impose in its favor a constructive trust upon the estate of J. W. Morris, probated in 1959 and presently held, pending the outcome of this litigation, by Thomas J. Morris, the residuary legatee and executor under...

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