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HOXSEY v. BEAIRD

Civ. No. 67-271.

287 F.Supp. 416 (1968)

Harry M. HOXSEY and Bonnie J. Hoxsey, doing business as Hoxsey Oil Company, and C. L. Fowler and C. J. Jones, as co-partners, doing business as Fowler and Jones Oil Company, Plaintiffs, v. J. F. BEAIRD, Jr., and Theo Reed Thomas, Defendants.

United States District Court W. D. Oklahoma.

Memorandum Opinion July 11, 1968.

Attorney(s) appearing for the Case

John McKee, of Fowler, Rucks, Baker, Jopling, Gramlich & Mee, Oklahoma City, Okl., for plaintiffs.

Sam S. Gill, Oklahoma City, Okl., for defendants.

ORDER

DAUGHERTY, District Judge.

In the above case, the pretrial order provided in part:

"1. It was agreed by the parties that the case is at issue, that the parties are proper and that the Court has jurisdiction."

The parties waived a jury and tried the case to the Court.

At the non-jury trial, the defendants objected for the first time that the plaintiffs Harry M. Hoxsey and C. L. Fowler are not the real parties in interest or...

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