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ATOKA, INC. v. THORNTON

No. 4503.

477 S.W.2d 333 (1972)

ATOKA, INC., Appellant, v. R. E. THORNTON, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied March 10, 1972.

Attorney(s) appearing for the Case

Thompson, Knight, Simmons & Bullion (Frank Finn, Jr.), Dallas, for appellant.

Jennings, Montgomery & Dies (Frank Jennings), Graham, for appellee.

McCLOUD, Chief Justice.

This is a summary judgment case. Atoka, Inc., a Minnesota corporation, which will sometimes be referred to as Atoka (Minnesota), sued R. E. Thornton alleging that Thornton, the owner of a production payment, had been overpaid from proceeds of production belonging to plaintiff. Plaintiff alleged that Thornton with full knowledge of the overpayment retained and converted its funds. The trial court entered summary judgment for Thornton and Atoka...

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