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GANNON v. MOBIL OIL CO.

No. 76-1945.

573 F.2d 1158 (1978)

Fayetta Gilbough GANNON, Individually, and as Executrix and Trustee of the Estate of Clair H. Gannon, Deceased, Plaintiff-Appellant, v. MOBIL OIL COMPANY, a Division of Socony Oil Company, Inc., a corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided March 30, 1978.

Rehearing Denied May 8, 1978.

Attorney(s) appearing for the Case

Andrew Wilcoxen, Muskogee, Okl. (Fred G. Gannon, Dallas, Tex., on the brief), for plaintiff-appellant.

Max H. Lawrence, of Walker, Lawrence & Walker, Oklahoma City, Okl., and Sid M. Groom, Jr., Edmond, Okl. (David R. Latchford, Mobil Oil Corp., Denver, Colo., on the brief), for defendant-appellee.

Before SETH, Chief Judge, and BARRETT and McKAY, Circuit Judges.

BARRETT, Circuit Judge.

Appellant, plaintiff below, Fayetta Gilbough Gannon, individually and as Executrix and Trustee of the Estate of Clair H. Gannon, Deceased (Gannon), appeals from a Directed Verdict awarded appellee, defendant below, Mobil Oil Company, a Division of Socony Oil Company, Inc., a corporation (Mobil). Jurisdiction is based on diversity.

Gannon sued Mobil for both compensatory and exemplary damages predicated upon Mobil's alleged torts of...

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