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SUN OIL COMPANY v. FLEMING

No. 71-1720.

469 F.2d 211 (1972)

SUN OIL COMPANY, as successor by merger to Sunray DX Oil Company, Appellant, v. Vernie FLEMING et al., Appellees.

United States Court of Appeals, Tenth Circuit.

November 7, 1972.

Attorney(s) appearing for the Case

Andrew Wilcoxen, Muskogee, Okl. (John A. Ladner, Jr., Tulsa, Okl., and Andrew Wilcoxen, Muskogee, Okl., on the brief), for appellant.

Bruce Green, Muskogee, Okl. (Bruce Green, Sam Caldwell of Pearson, Caldwell & Green, Muskogee, Okl., on the brief), for appellees.

Before JONES, HILL and BARRETT, Circuit Judges.

JONES, Circuit Judge:

Sun Oil Company, the appellant, is a New Jersey corporation and is successor by operation of a corporate merger to Sunray DX Oil Company. In 1959 Frank Cunningham leased a service station in Wagoner, Oklahoma, for a six year term to Sunray. In 1962 Cunningham sold the premises to Vernie Fleming. In 1963 Fleming made a new lease to Sunray for five years with options to renew for two successive five year terms. Sunray made an operators lease back...

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