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LYNCH v. CALL

Nos. 5861, 5860.

261 F.2d 130 (1958)

Dennis LYNCH, Appellant, v. Howard CALL, United States Marshal for the District of Utah, Appellee. Howard CALL, United States Marshal for the District of Utah, Cross-Appellant, v. Dennis LYNCH and Earl D. Tanner, Cross-Appellees.

United States Court of Appeals Tenth Circuit.

October 28, 1958.

Attorney(s) appearing for the Case

Elias Hansen, Salt Lake City, Utah (W. R. Huntsman, West Jordan, Utah, was with him on the brief), for appellant and cross-appellees.

Llewellyn O. Thomas, Salt Lake City, Utah (A. Pratt Kesler, Salt Lake City, Utah, was with him on the brief), for appellee and cross-appellant.

Earl J. Groth, Salt Lake City, Utah, on brief for United States Fidelity & Guaranty Company, appellee.

Before MURRAH, PICKETT and BREITENSTEIN, Circuit Judges.

MURRAH, Circuit Judge.

In this case, the appellant Lynch sued Call, the United States Marshal for the District of Utah, for wrongful attachment of personal property. Call interpleaded the attorney for the attaching creditor.

This appeal and cross-appeal are from a summary judgment, after pre-trial conference, for nominal damages against the Marshal and dismissal of the complaint against the third party defendant.

The pre-trial conference developed...

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