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WAGONER v. MOUNTAIN SAVINGS AND LOAN ASSOCIATION

No. 6961.

311 F.2d 403 (1962)

Fred K. WAGONER, Jack R. Wagoner, Donald L. Wagoner and Howard R. Wagoner, co-partners, doing business under the firm name and style of Wagoner Construction Company, Appellants, v. MOUNTAIN SAVINGS AND LOAN ASSOCIATION, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

December 3, 1962.

Attorney(s) appearing for the Case

No appearance for appellants.

C. Blake Hiester, Denver, Colo. (Hiester, Tanner & Clanahan, and Bill Earl Tom, Denver, Colo., were with him on the brief), for appellee.

Before LEWIS, BREITENSTEIN and SETH, Circuit Judges.

LEWIS, Circuit Judge.

Appellants-plaintiffs seek relief from an adverse and summary judgment entered by the District Court for the District of Colorado upon claim that the existence of disputed facts prevent the application of Rule 56, F.R.C.P.

Plaintiffs' original complaint was filed May 12, 1959, and contained four causes of action; it was dismissed with leave to amend. A first amended complaint was similarly dismissed...

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