CASPER v. NEUBERT

No. 72-1695.

489 F.2d 543 (1973)

P. D. CASPER et al., Plaintiffs-Appellants, v. Glen M. NEUBERT, Executor of the Estate of Gerald L. Reasor, Deceased, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided December 19, 1973.

Rehearing Denied February 1, 1973.


Attorney(s) appearing for the Case

LeRoy Powers, Oklahoma City, Okl., for plaintiffs-appellants.

Charles P. Ames, Oklahoma City, Okl. (Ames, Daugherty, Bynum, Black, Ashabranner & Rogers, Oklahoma City, Okl., were on the brief), for defendant-appellee, Neubert.

Before SETH and HOLLOWAY, Circuit Judges, and KERR, District Judge.


HOLLOWAY, Circuit Judge.

This diversity action seeks to enforce a lien against oil and gas leaseholds for the unpaid balance of their purchase price and to impress a constructive trust on a portion of the income from the leases. The defendant executor asserted several defenses, primarily the failure to present timely claims against the estate as required by the Oklahoma Probate Code. The District Court granted summary judgment for the defendant on the grounds that...

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