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KIEL v. FALKIN

No. 30038.

444 F.2d 97 (1971)

James P. KIEL, d/b/a General Minerals, Plaintiff-Appellee, v. Frederick FALKIN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 11, 1971.

Attorney(s) appearing for the Case

Henry D. Akin, Robert E. Goodfriend, Dallas, Tex., for defendant-appellant.

William V. Browning, Kenneth Johnson, Wichita Falls, Tex., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, GODBOLD and RONEY, Circuit Judges.

PER CURIAM:

Kiel as Seller and Falkin as Buyer executed a written instrument prepared by a layman and purporting to cover sale by Kiel to Falkin of a one-fourth working interest in oil and gas leases covering 29,091 acres in Kerr County, Texas. Falkin failed to pay the amount agreed, Kiel sued, and Falkin defended on alleged failure to comply with the Texas statute of frauds. The Conclusions of Law of the District Court were:

1. The contract of June 9, 1968...

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