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TRINITY BROADCASTING CORP. v. ELLER

No. 86-2118.

835 F.2d 245 (1987)

TRINITY BROADCASTING CORPORATION, Plaintiff-Appellant, v. Lee R. ELLER; Leeco Oil, an Oklahoma corporation, Defendants, Reece Morrel, Donald Herrold; and J. Charles Shelton, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 9, 1987.

Attorney(s) appearing for the Case

Clark O. Brewster and Michael F. Kuzow of Brewster Shallcross Rizley & Mullon, Tulsa, Okl., for plaintiff-appellant.

James C. Lang, Brian S. Gaskill, Melinda J. Martin and Kirsten I. Bernhardt of Sneed, Lang, Adams, Hamilton & Barnett, Tulsa, Okl., for defendants-appellees.

Before LOGAN and TACHA, Circuit Judges, and O'CONNOR, District Judge.

LOGAN, Circuit Judge.

Defendants-appellees Reece Morrel, Donald Herrold and J. Charles Shelton have petitioned for rehearing, with suggestion for rehearing en banc, of our decision in Trinity Broadcasting Corporation v. Eller, 827 F.2d 673 (10th Cir.1987) (Trinity I). We there ruled that when independently filed actions have been consolidated for trial, an order of summary judgment disposing of one, but not all, of the...

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