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WATERS v. WESTERN COMPANY OF NORTH AMERICA

No. 118-70.

436 F.2d 1072 (1971)

N. Allen WATERS, Administrator of the Estate of Marion Donald Atkins, deceased, Plaintiff-Appellant, v. The WESTERN COMPANY OF NORTH AMERICA, Defendant and Third-Party Plaintiff-Appellee, v. J. E. MAULDIN and J. R. Phillips & Son, Inc., Third-Party Defendants-Appellee, Great American Insurance Company, Plaintiff in Intervention-Appellee.

United States Court of Appeals, Tenth Circuit.

January 28, 1971.

Attorney(s) appearing for the Case

Vance Mauney of Botts, Botts & Mauney, Albuquerque, N. M., and John F. Loehr, Farmington, N. M., for N. Allen Waters.

James L. Brown, Farmington, N. M. (John R. Phillips, Jr., Farmington, N. M., was with him on the brief), for J. E. Mauldin.

Mary C. Walters, Albuquerque, N. M., for J. R. Phillips & Son, Inc. and Great American Ins. Co.

Before LEWIS, Chief Judge, and JOHNSEN and HOLLOWAY, Circuit Judges.

LEWIS, Chief Judge.

This case reaches us by way of appeal authorized under 28 U.S.C. § 1292(b) after certification by the trial court that an interlocutory order of that court involved a controlling question of law proper for immediate appellate consideration. The subject order was one allowing the filing of a counterclaim by a third party defendant against the plaintiff in litigation involving an automobile accident. In his petition to this court for permission...

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