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DENNING v. BOLIN OIL COMPANY

No. 145-69.

422 F.2d 55 (1970)

S. G. DENNING, W. N. Denning, and M. T. Matthews, Plaintiffs-Appellants, v. BOLIN OIL COMPANY, a partnership composed of D. Huston Bolin, D. Phil Bolin, Robert L. Bolin, and C. W. Bolin, Defendants-Appellees. C. W. STRADLEY, Defendant, Third-Party Plaintiff, Appellee, v. Frank GRIGGS, Bolin Oil Company, a partnership composed of D. Huston Bolin, D. Phil Bolin, Robert L. Bolin, and C. W. Bolin, Third-Party Defendants.

United States Court of Appeals, Tenth Circuit.

February 25, 1970.

Attorney(s) appearing for the Case

Joe Cannon, Oklahoma City, Okl., for appellants.

Lee Sellers, of Prothro & Sellers, Wichita Falls, Tex., for appellees Bolin Oil Co., a partnership composed of D. Huston Bolin, D. Phil Bolin, Robert L. Bolin, and C. W. Bolin.

Jack L. Freeman, Oklahoma City, Okl., for appellee C. W. Stradley.

Before HILL, SETH, and HOLLOWAY, Circuit Judges.

SETH, Circuit Judge.

The appellants brought this action for damages asserting fraud in the sale to them by appellees of scrap metal. Jurisdiction is based on diversity of citizenship. A jury trial was commenced and when the appellants had put on their evidence and had rested, the court granted appellees' motion for a directed verdict. This appeal thus concerns the standards for such a directed verdict, and the Oklahoma law applicable to the proof made.

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