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E. K. CAREY DRILLING CO. v. MURPHY

Civ. No. 3139.

113 F.Supp. 226 (1953)

E. K. CAREY DRILLING CO. v. MURPHY et al. (GOOD et al., third party defendants).

United States District Court D. Colorado.

June 23, 1953.

Attorney(s) appearing for the Case

Evart Mills, McPherson, Kan., and Henry S. Sherman, Denver, Colo., for plaintiff.

J. Corder Smith, Fort Morgan, Colo., and Paynter, Paynter & Paynter, Brush, Colo., for defendants and third party plaintiffs.

George A. Epperson and Donald F. McClary, Fort Morgan, Colo., for third party defendant Howard Good.

C. H. Anderson, Brush, Colo., for third party defendant Fred Foos.

KNOUS, District Judge.

This matter is presently before this Court upon the motions of third party defendants Howard Good and Fred Foos to dismiss the third party complaint, and upon the motion of Good for summary judgment. The grounds for the motion for dismissal of the third party complaint are that the removal of the original party plaintiff from the proceeding as the alleged result of a judgment hereinafter mentioned, eliminates any diversity of citizenship from...

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