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PATTERSON v. WYNKOOP

No. 7477.

329 F.2d 59 (1964)

Dowell E. PATTERSON, Executor of the Estate of Harman H. Wynkoop, deceased, Appellant, v. Ernest WYNKOOP and Frances M. Wynkoop, his wife, Appellees.

United States Court of Appeals Tenth Circuit.

March 16, 1964.

Attorney(s) appearing for the Case

Melvin D. Rueckhaus, of Rueckhaus & Brown, Albuquerque, N. M., for appellant.

James L. Dow, Carlsbad, N. M., for appellees.

Before MURRAH, Chief Judge, and BREITENSTEIN and HILL, Circuit Judges.

MURRAH, Chief Judge.

This is an appeal from a judgment of the New Mexico Court, dismissing a diversity action by appellant, a Colorado domiciliary executor, against the New Mexico ancillary administrator and his wife, in their individual capacities. The suit sought an accounting and judgment for money entrusted to them by the testator during his lifetime. The trial Court's order of dismissal apparently rests upon the ground that the ancillary administrator was the...

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