ATLAS CORPORATION v. DeVILLIERS

Nos. 495-70 to 500-70.

447 F.2d 799 (1971)

ATLAS CORPORATION, Plaintiff-Appellee, v. W. Rodney DeVILLIERS and Orco Corporation, Defendants-Appellants, Betty June DeVilliers, Plaintiff-Intervenor, v. Emilio NARANJO, Third-Party Defendant, William C. Marchiondo, Intervenor, Kendall O. Schlenker, as Guardian ad Litem for minor children. ATLAS CORPORATION, Plaintiff-Appellee, v. W. Rodney DeVILLIERS and Orco Corporation, Defendants, Betty June DeVilliers, Plaintiff-Intervenor, v. Emilio NARANJO, Third-Party Defendant, William C. Marchiondo, Intervenor, Kendall O. Schlenker, as Guardian ad Litem for minor children, Appellant. ATLAS CORPORATION, Plaintiff-Appellant, v. W. Rodney DeVILLIERS and Orco Corporation, Defendants, v. Betty June DeVILLIERS, Plaintiff-Intervenor-Appellee, Emilio Naranjo, Third-Party Defendant, William C. Marchiondo, Intervenor, Kendall O. Schlenker, as Guardian ad Litem for minor children. ATLAS CORPORATION, Plaintiff-Appellant, v. W. Rodney DeVILLIERS and Orco Corporation, Defendants, v. Betty June DeVILLIERS, Plaintiff-Intervenor, Emilio Naranjo, Third-Party Defendant, William C. Marchiondo, Intervenor-Appellee, Kendall O. Schlenker, as Guardian ad Litem for minor children.

United States Court of Appeals, Tenth Circuit.

Rehearings Denied September 9, 1971.


Attorney(s) appearing for the Case

Boston E. Witt, Santa Fe, N. M., for W. Rodney DeVilliers.

E. Douglas Latimer, Albuquerque, N. M., for Kendall O. Schlenker, as guardian ad litem for minor children, and for William C. Marchiondo.

Charles C. Spann, Albuquerque, N. M., for Atlas Corp.

Before MURRAH, PICKETT and HILL, Circuit Judges.


Rehearings Denied in Nos. 495-70, 498-70 September 9, 1971.

HILL, Circuit Judge.

These consolidated appeals and cross-appeals have for their genesis a prior action by Atlas Corporation against Rodney DeVilliers. Therein Atlas recovered a judgment of $415,000 against DeVilliers for fraud in the conversion of funds belonging to Atlas. This court affirmed in DeVilliers v. Atlas Corporation, 360 F.2d 292...

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