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BUTLER v. SCOTT

Nos. 97-68, 98-68.

417 F.2d 471 (1969)

H. Wayne BUTLER, d/b/a Wayne Butler Agency, Appellant, v. J. K. SCOTT and Lloyd Scott, d/b/a Scott Brothers Drilling Company, Appellees, v. MARYLAND CASUALTY COMPANY, Cross-Appellee.

United States Court of Appeals Tenth Circuit.

October 9, 1969.

Attorney(s) appearing for the Case

William B. Keleher of Keleher & McLeod, Albuquerque, N. M., for appellant.

Paul A. Phillips, Albuquerque, N. M., for appellees.

James A. Ritchie, Albuquerque, N. M., (Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N. M., on the brief) for cross-appellee.

Before TUTTLE, Senior Circuit Judge, and HILL and HOLLOWAY, Circuit Judges.

HILL, Circuit Judge.

Appellees, J. K. Scott and Lloyd Scott, d/b/a Scott Brothers Drilling Company, filed suit in the District Court of Bernalillo County, New Mexico, to recover damages for a fire loss to personal property on June 3, 1963. On the basis of diversity of citizenship, appellants, Maryland Casualty Company and H. Wayne Butler, d/b/a Wayne Butler Agency, removed the case to the United States District Court for the District of New Mexico. The suit was tried...

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