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THOMAS v. COLORADO TRUST DEED FUNDS, INC.

No. 8079.

366 F.2d 136 (1966)

James THOMAS III, and Boyd Thomas, Appellants, v. COLORADO TRUST DEED FUNDS, INC., Mortgage Underwriting Corporation, Clifford McLin, Robert Swanson, Receiver for Colorado Trust Deed Funds, Inc., and Mortgage Underwriting Corporation, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied October 17, 1966.

Attorney(s) appearing for the Case

William G. Robertson, of Gray, Pfaelzer & Robertson, Los Angeles, Cal. (James E. Biava, of Gray, Pfaelzer & Robertson, Los Angeles, Cal., and Thomas K. Loughlin, of Adams & Loughlin, Denver, Colo., with him on the brief), for appellants.

Robert Swanson, Receiver Colorado Trust Deed Funds, Inc. and Mortgage Underwriting Corporation, Denver, Colo., for appellees.

Before PICKETT, HILL and SETH, Circuit Judges.

PICKETT, Circuit Judge.

This appeal involves the authority of an attorney of record to stipulate to a final disposition of a case. The trial court, holding that appellants had failed to prove that their attorney was not authorized to enter into the stipulation, denied a motion to vacate the judgment entered thereon.

In 1960 appellants, James Thomas III and his brother Boyd, were engaged in the development and sale of real property in California and desired...

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