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Producer [[Buddy Adler]] originally purchased the film rights as a vehicle for [[Robert Wagner]].<ref>{{cite news|author=Parsons, Louella|author-link=Louella Parsons|title=Special Story Bought for Robert Wagner|publisher=[[International News Service]] - INS|newspaper=[[Milwaukee Journal Sentinel|The Milwaukee Sentinel]]|date=March 13, 1957|page=13 (Part 1)}}</ref>
[[Philip Yordan]] read the novel and insisted on writing a script based on the book.<ref>{{citation|author=Pryor, Thomas M.|title=HOLLYWOOD SCENE: Offbeat 'Outlaw'|newspaper=[[The New York Times]]|date=November 16, 1958|page=X7}}</ref> Filming took place in central [[Oregon]] at Dutchman Flat and Todd Lake Meadows near the town of [[Bend, Oregon|Bend]] in late November and early December 1958, with Leon Chooluck, the second unit director, doing many of the long exterior shots.<ref name=location>{{citation|title=Diner-Dance Bid Given Movie People|newspaper=[[The Bulletin (Bend)|The Bulletin]]|date=November 21, 1958|page=6}}<br/>{{citation|author=Grant, Ila S.|title=World's Most Beautiful Red Head Here For Film|newspaper=[[The Bulletin (Bend)|The Bulletin]]|date=November 24, 1958|page=8}}<br/>{{citation|title=Over The Pass (image)|newspaper=[[The Bulletin (Bend)|The Bulletin]]|date=November 24, 1958|page=8}}<br/>{{citation|title=Movie Backdrops|newspaper=[[The Bulletin (Bend)|The Bulletin]]|date=December 6, 1958|page=4}}<br/>{{citation|author=Arnold, Jeremy|title=Home Video Reviews: 'Day of the Outlaw'|url=https://www.tcm.com/tcmdb/title/17506/day-of-the-outlaw#overview |journal=Turner Classic Movies|publisher=Turner Entertainment Networks, Inc.}}</ref>
Yordan called the script "one of the best I've ever written," but said the problem with the film was that the budget, at $400,000, was not big enough. Yordan told author Franklin Jarlett, in his biographical book about Robert Ryan, that de Toth was having personal problems at the time of filming and it was apparent on the set. Other problems included Ryan's being out for a week with pneumonia; snowstorms causing delays in filming; de Toth's changing his mind about where some scenes were to be shot (from interior to remote exteriors); and finally de Toth's running out of money, packing up, and going back to Hollywood. Yordan lamented what "could have been."<ref>{{citation|title=Robert Ryan: A Biography and Critical Filmography|page=103|author=Jarlett, Franklin|year=1997|publisher=McFarland|isbn=978-0-7864-0476-6}}</ref>
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