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REPUBLIC SUPPLY CO. v. COLBERT

No. 890.

70 F.2d 586 (1934)

REPUBLIC SUPPLY CO. v. COLBERT.

Circuit Court of Appeals, Tenth Circuit.

April 16, 1934.

Attorney(s) appearing for the Case

Jas. S. Twyford, of Oklahoma City, Okl. (Solon W. Smith, of Oklahoma City, Okl., on the brief), for appellant.

Toby Morris and Dudley B. Madden, both of Walters, Okl. (Walter Hubbell, of Walters, Okl., on the brief), for appellee.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

PHILLIPS, Circuit Judge.

E. S. Colbert brought this action against the Republic Supply Company and W. B. Lyle. In the second amended petition Colbert alleged that he and Lyle were partners, doing business under the firm name of Colbert & Lyle, and that he was unable to obtain the consent of Lyle to prosecute this action. We set out the other material allegations in note 1.

The defendants demurred to the second amended petition. The second ground of the...

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