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DRIER v. TARPON OIL COMPANY

No. 75-1868 Summary Calendar.

522 F.2d 199 (1975)

Frederick DRIER, Plaintiff-Appellee, v. TARPON OIL COMPANY, Defendant, Roger Evans, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 9, 1975.

Attorney(s) appearing for the Case

Tom Alexander, Houston, Tex., for defendant-appellant.

J. Eugene Clements, Houston, Tex., Robert Thomajan, New York City, for plaintiff-appellee.

Before, BROWN, Chief Judge, and GODBOLD and GEE, Circuit Judges:

PER CURIAM:

Defendant Evans, president of Tarpon Oil Company, brings this appeal from a summary judgment in favor of Drier against Evans and Tarpon. We affirm.

Tarpon Oil originally sued Drier in Louisiana state court for a portion of the costs of completing three oil wells under an agreement between the parties. Drier filed a reconvention (counterclaim) seeking to rescind the agreement, for he claimed it was an assignment...

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