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ALDER v. GARCIA

No. 7319.

324 F.2d 483 (1963)

Kenneth Frederick ALDER, in behalf of himself and other underwriters at Lloyd's and British Companies, Subscribing Certificate LAB 2014, Appellant, v. Damacio GARCIA, Longanita Garcia, Deere & Company, a Delaware corporation, and John Deere Company of Kansas City, a Missouri corporation, Appellees.

United States Court of Appeals Tenth Circuit.

November 18, 1963.

Attorney(s) appearing for the Case

Lewis R. Sutin, Albuquerque, N. M. (J. L. Leftow, Albuquerque, N. M., was with him on the brief), for appellant.

James T. Paulantis, Albuquerque, N. M. (B. G. Johnson, Albuquerque, N. M., was with him on the brief), for appellees.

Before LEWIS, HILL and SETH, Circuit Judges.

SETH, Circuit Judge.

This is an action brought by Kenneth Alder for himself and other underwriters at Lloyd's against Damacio Garcia and wife, John Deere Company of Kansas City, and Deere & Company to recover on an assignment to Lloyd's of one-half of the proceeds of any settlement or judgment recovered by Garcia from Deere & Company. The appeal is only as to Damacio Garcia and Deere & Company, and is taken by...

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