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BUILDING MART, INC. v. ALLISON STEEL MANUFACTURING CO.

No. 8891.

380 F.2d 196 (1967)

BUILDING MART, INC., Appellant, v. ALLISON STEEL MANUFACTURING CO., Appellee.

United States Court of Appeals Tenth Circuit.

July 12, 1967.

Attorney(s) appearing for the Case

John P. Eastham, Albuquerque, N. M. (Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N. M., on the brief) for appellant.

Lewis R. Sutin, Albuquerque, N. M. (Sutin & Jones, Albuquerque, N. M., and Snell & Wilmer, Phoenix, Ariz., with him on the brief) for appellee.

Before PICKETT, Senior Circuit Judge, SETH, Circuit Judge and CHRISTENSEN, District Judge.

PER CURIAM.

This action was removed to the United States District Court for the District of New Mexico by reason of requisite diversity of citizenship and amount in controversy. After written interrogatories were served and answered and depositions had been taken the district court granted the motion for summary judgment of defendant (appellee) Allison Steel Manufacturing Co., denied the motion for partial summary judgment on the issue of liability of the plaintiff...

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