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GRAVES v. GENERAL INSURANCE CORPORATION

No. 9219.

381 F.2d 517 (1967)

Glen GRAVES, Appellant, v. GENERAL INSURANCE CORPORATION, Appellee.

United States Court of Appeals Tenth Circuit.

August 15, 1967.

Attorney(s) appearing for the Case

Submitted on the brief by Sam Laughlin, Jr., of Osborn & Laughlin, Roswell, N.M., for appellant.

Submitted on the brief by Bob F. Turner, Roswell, N. M. (Atwood & Malone, Roswell, N. M., of counsel), for appellee.

Before WILBUR K. MILLER, Senior Circuit Judge, and LEWIS and BREITENSTEIN, Circuit Judges.

WILBUR K. MILLER, Senior Circuit Judge:

In this suit filed by Glen Graves on a fire insurance policy, the United States District Court for the District of New Mexico on July 15, 1966, awarded summary judgment to the defendant insurance company. Graves' counsel, on July 20, 1966, mailed to the clerk of the District Court at Albuquerque a notice of appeal from that action. The Clerk received the notice on July 21, but did not mark it "Filed" because it seemed to him...

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