DEEG v. LUMBERMEN'S MUTUAL CASUALTY CO.

No. 6284.

279 F.2d 491 (1960)

Ruth DEEG, widow of Nolan Frank Deeg, deceased; Norman F. Montgomery; and C. P. McCarthy, Appellants, v. LUMBERMEN'S MUTUAL CASUALTY CO., a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

May 27, 1960.


Attorney(s) appearing for the Case

Donnan Stephenson of Bigbee & Stephenson, Santa Fe, N. M., for appellants.

Joseph J. Mullins and Jackson G. Akin, Albuquerque, N. M. (Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N. M., on the brief), for appellee.

Before MURRAH, Chief Judge, and BRATTON and LEWIS, Circuit Judges.


LEWIS, Circuit Judge.

This appeal probes the correctness of a ruling made by the District Court for the District of New Mexico holding that under the law of that state an insurance company issuing a policy of insurance to a motor carrier under statutory compulsion1 cannot be joined as a party defendant in an action for damages allegedly arising from the negligent operation of the insured vehicle. Appellants originally filed their action...

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