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LOHMANN v. BELLAH

No. 76-70.

441 F.2d 458 (1971)

Charles Anthony LOHMANN, Plaintiff-Appellant, v. Renna C. BELLAH et al., Defendants-Appellees, and George B. HALL, Third Party Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 28, 1971.

Attorney(s) appearing for the Case

Preslie H. Brown, McAlester, Okl. (Newell Wright, Jr., McAlester, Okl., on the brief), for plaintiff-appellant.

Charles B. Neal, Amarillo, Tex. (Lockhart, Lindsey & Neal, Amarillo, Tex., on the brief), for defendants-appellees.

James B. Bratton, McAlester, Okl., for third party defendant-appellee.

Before LEWIS, Chief Judge, JOHNSEN, Senior Circuit Judge, and HOLLOWAY, Circuit Judge.

PER CURIAM:

The appeal is from the dismissal at trial, after receipt of the plaintiff's evidence, of a diversity suit for specific performance of an option to purchase 4,390 acres of Oklahoma ranch land. We affirm.

Plaintiff had a lease upon the property for a term running from September 1, 1964, to September 1, 1968. Included in it was a provision that "Upon the termination, Lessee shall surrender possession of the leased premises; however, at such time,...

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