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RAULIE v. UNITED STATES

No. 9145.

400 F.2d 487 (1968)

Carra A. RAULIE, William W. Raulie and Irene F. Raulie, husband and wife, Appellants, v. UNITED STATES of America and John Foster Clingingsmith and Kathryn Evelyn Clingingsmith, husband and wife, Appellees.

United States Court of Appeals Tenth Circuit.

August 2, 1968.

Attorney(s) appearing for the Case

Charles C. Spann, Albuquerque, N. M. (Grantham, Spann, Sanchez & Rager, Albuquerque, N. M., and Lynell F. Skarda, Clovis, N. M., were with him on the brief) for appellants.

Esther L. Smith, Clovis (Botts, Botts & Mauney, Albuquerque, N. M., and Blanchette, Smith & Shelton, Dallas, Tex., were with her on the brief), for appellees.

Before MURRAH, Chief Judge, BREITENSTEIN, Circuit Judge, and DELEHANT, Senior District Judge.

DELEHANT, Senior District Judge.

The rather unusual course which this litigation has heretofore taken appears to justify, even possibly to suggest, a recollection, more than ordinarily exhaustive, of the sequence in which the pleadings were filed in the trial court, and of their respective averments. An instance is here presented in which the original plaintiff, unsuccessful in the trial court, is not a real and active participant in the submission of the case to...

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