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McCALLISTER v. M-A-C FINANCE CO. OF TULSA, INC.

No. 7417.

332 F.2d 633 (1964)

Ross A. McCALLISTER, Appellant, v. M-A-C FINANCE CO. OF TULSA, INC. and Hartford Accident & Indemnity Co., Appellees.

United States Court of Appeals Tenth Circuit.

June 5, 1964.

Attorney(s) appearing for the Case

Orville C. McCallister, Jr. of White, Rhodes & McCallister, Albuquerque, N. M., for appellant.

George T. Harris, Jr., of Modrall, Seymour, Sperling, Roehl & Harris, Albuquerque, N. M. (Waldo Spiess, Albuquerque, N. M., and Withington, Shirk, Nichols & Work, Oklahoma City, Okl., with him on the brief), for appellees.

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

PICKETT, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the District of New Mexico, dismissing the complaint by which the appellant McCallister sought to recover damages resulting from an alleged wrongful replevin of automobiles. The court, in its order of dismissal, held that the judgment for McCallister (defendant in the replevin action) in the state court was res judicata as to an issue of damages allegedly resulting from...

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