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VARN v. MALONEY

Nos. 43583, 43584.

516 P.2d 1328 (1973)

Stewart VARN d/b/a Varn Petroleum Company, Appellee, v. Thomas MALONEY, Appellant. Stewart VARN d/b/a Varn Petroleum Company, Appellee, v. Mary Crosby MALONEY, Appellant.

Supreme Court of Oklahoma.

October 30, 1973.

Attorney(s) appearing for the Case

Brewer, Worten & Robinett, Bartlesville, for appellee.

Matthew J. Kane, Pawhuska, and Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, Oklahoma City, for appellants.

WILLIAMS, Vice Chief Justice.

In these cases, plaintiff, Stewart Varn, sued the defendants, Thomas J. Maloney and Mary Crosby Maloney, for amounts allegedly past due and unpaid under an oil production operating agreement. Although the defendants are husband and wife, the actions were separately filed. However, in all pertinent details, the pleadings and evidence were identical in the two cases, which were tried together...

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