SOUTHWESTERN INVESTMENT CO. v. CACTUS MOTOR CO.

No. 8169.

355 F.2d 674 (1966)

SOUTHWESTERN INVESTMENT COMPANY, a corporation, Appellant, v. CACTUS MOTOR COMPANY, Inc., a corporation, and Parker Cullom, Appellees.

United States Court of Appeals Tenth Circuit.

January 3, 1966.


Attorney(s) appearing for the Case

Harl D. Byrd and G. Stanley Crout, Santa Fe, N. M. (Bigbee & Byrd, Santa Fe, N. M., on the brief), for appellant.

James T. Martin, Jr., and R. C. Garland, Las Cruces, N. M. (R. Wilson Martin, Las Cruces, N. M., on the brief), for appellees.

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


BREITENSTEIN, Circuit Judge.

After trial without a jury judgment was entered in favor of the appellees-plaintiffs and against the appellant-defendant on account of payments made by the plaintiffs to the defendant for insurance which was not obtained. The case was begun in New Mexico state court and was removed to federal court because of diversity.

Appellee Cullom was president of appellee Cactus Motor Company. Cullom...

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