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CROW v. WYOMING TIMBER PRODUCTS CO.

No. 218-69.

424 F.2d 93 (1970)

Ralph David CROW, Plaintiff-Appellant, v. WYOMING TIMBER PRODUCTS CO., a Wyoming corporation, Tongue River Logging Co., Mike Tapplin, and Mike Zenchenko, Defendants-Appellees, United States of America, Interpleaded Defendant on Counterclaim-Appellee.

United States Court of Appeals, Tenth Circuit.

April 8, 1970.

Attorney(s) appearing for the Case

A. G. McClintock, Cheyenne, Wyo. (McClintock, Mai & Urbigkit, Cheyenne, Wyo., and C. L. Bates, Rawlins, Wyo., on the brief) for plaintiff-appellant.

Henry A. Burgess, Sheridan, Wyo. (Burgess, Kennedy & Davis, Sheridan, Wyo., on the brief) for defendants-appellees.

Before BREITENSTEIN and HOLLOWAY, Circuit Judges, and CHRISTENSEN, District Judge.

BREITENSTEIN, Circuit Judge.

This state-court replevin action was removed to federal court and a motion to remand was denied. The judgment rejected the plaintiff's claim and awarded damages to the defendants on their counterclaims. The plaintiff has appealed.

The Internal Revenue Service levied on, seized, and sold certain timber and applied the proceeds to the outstanding accounts of the taxpayer, R. R. Crow & Company, not a party to this action. In the...

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