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THOMAS v. MALCO REFINERIES

No. 4849.

214 F.2d 884 (1954)

THOMAS v. MALCO REFINERIES, Inc.

United States Court of Appeals Tenth Circuit.

August 3, 1954.

Attorney(s) appearing for the Case

William R. Federici, Santa Fe, N. M. (Seth & Montgomery, Santa Fe, N. M., were with him on the brief), for appellant.

William W. Gilbert, Santa Fe, N. M. (Carl H. Gilbert and L. C. White, Santa Fe, N. M., were with him on the brief), for appellee.

Before PHILLIPS, Chief Judge, and HUXMAN and PICKETT, Circuit Judges.

PHILLIPS, Chief Judge.

The plaintiffs below, who are not involved in this appeal, recovered judgment against Thomas and Malco Refineries, Inc.,1 for damages suffered as the result of a highway collision between an automobile in which the plaintiffs were riding and a tractor-trailer leased to Malco and being driven by Thomas, Malco's employee.

The trial court awarded judgment for indemnity to Malco on its cross-complaint against...

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