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KLINGBIEL v. COMMERCIAL CREDIT CORPORATION

No. 258-69.

439 F.2d 1303 (1971)

Vern KLINGBIEL, Plaintiff and Appellee, v. COMMERCIAL CREDIT CORPORATION, Inc., Defendant and Appellant.

United States Court of Appeals, Tenth Circuit.

March 18, 1971.

Attorney(s) appearing for the Case

William Bryan Miller, Kansas City, Mo., for appellee.

Irving Kuraner, Kansas City, Mo., Albert E. Grauberger, Kansas City, Kan., Darwin E. Johnson, Kansas City, Mo. (Kuraner, Oberlander, Lamkin & Dingman, Kansas City, Mo., of counsel), for appellant.

Before LEWIS, Chief Judge, and JOHN R. BROWN and SETH, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

When Vern Klingbiel, (Purchaser), went outside his home in St. Louis, Missouri, on the morning of June 22, 1966 he found his brand new (1966) Ford Galaxie 500 gone. Later he was to learn that in the dark of night and with skillful stealth the car — despite its being fully locked — had been taken away, not by some modern auto rustler, but by an anonymous representative of the Automobile Recovery Bureau acting for Commercial...

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