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HERRON v. ROZELLE

Nos. 72-1083, 72-1084.

480 F.2d 282 (1973)

Joseph C. HERRON and Quintus H. Herron, Trustees of the Herron Trust, Plaintiffs-Appellees and Cross-Appellants, v. F. McQueen ROZELLE, Defendant-Appellant and Cross-Appellee, and Francis De Bogory Horton et al., Additional Defendants-Appellees, Second Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

June 14, 1973.

Attorney(s) appearing for the Case

Joe Stamper, Antlers, Okl. and Winfrey D. Houston, Stillwater, Okl. (Stamper & Otis, Antlers, Okl., and Fitzgerald, Houston & Worthington, Stillwater, Okl., on the brief), for plaintiffs-appellees and cross-appellants.

John Romig Smith, Ponca City, Okl. (F. McQueen Rozelle, pro se, on the brief), for defendant-appellant and cross-appellee.

Before BREITENSTEIN, Circuit Judge, DURFEE, Senior Judge United States Court of Claims, and DOYLE, Circuit Judge.

DURFEE, Senior Judge.

No. 72-1083 is an appeal by defendant, Rozelle, from a judgment of the U. S. District Court for the Eastern District of Oklahoma rendered in the net sum of $10,000 in favor of plaintiffs, Joseph C. Herron and Quintus H. Herron, in a nonjury trial. The award was based upon defendant's destruction of plaintiffs' and additional defendants' timber interest. No. 72-1084 is a cross-appeal which has been abandoned and need not be considered. We affirm...

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