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PHOENIX ASSURANCE CO. OF NEW YORK v. HUGHES

No. 8577.

367 F.2d 526 (1966)

PHOENIX ASSURANCE CO. OF NEW YORK, Appellant, v. Charles H. HUGHES, Appellee.

United States Court of Appeals Tenth Circuit.

October 11, 1966.

Attorney(s) appearing for the Case

John P. Akolt, Jr., Denver, Colo. (Denis G. Stack and Akolt, Shepherd & Dick, Denver, Colo., with him on brief), for appellant.

Earl H. Johnson, Denver, Colo., for appellee.

Before HILL, SETH and HICKEY, Circuit Judges.

HICKEY, Circuit Judge.

The action was removed from the District Court of the City and County of Denver, State of Colorado, immediately after the complaint was filed. All subsequent proceedings were in the Federal District Court.

The plaintiff-appellee filed an action in the State Court for money due and owing against Ludwig & Patterson Company (debtor) in the State District Court and at the time of filing, sued out a Writ of Attachment and procured issuance...

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