SHUFORD v. ANDERSON

No. 7853.

352 F.2d 755 (1965)

A. Alex SHUFORD, Jr., Appellant, v. Roy G. ANDERSON, and Currier & Carlsen, Incorporated, a corporation, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied October 14, 1965.


Attorney(s) appearing for the Case

Jay L. Gueck, Denver, Colo. (Hindry, Erickson & Meyer, Denver, Colo., on the brief), for appellant.

Robert C. Hawley, Denver, Colo. (Hardin Holmes, William C. Jensen, Ronald S. Luedmann and Ireland, Stapleton, Pryor & Holmes, Denver, Colo., on the brief), for appellees.

Before PICKETT and HILL, Circuit Judges, and CHRISTENSEN, District Judge.


CHRISTENSEN, District Judge.

In this diversity suit the lower court held upon the face of the complaint that service of process could not be effected upon an absent but indispensable party defendant because the action was not one in rem within the contemplation of 28 U.S.C. § 1655.1 From the order of dismissal for lack of venue entered by the district court on defendants' motions,2 plaintiff-appellant...

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