ALLSTATE LEAS. CORP. v. BOARD OF CO. COM'RS, RIO ARRIBA CO., N. M.

Nos. 490-70, 491-70.

450 F.2d 26 (1971)

ALLSTATE LEASING CORPORATION, Plaintiff-Appellee, v. BOARD OF COUNTY COMMISSIONERS, RIO ARRIBA COUNTY, NEW MEXICO, Defendant-Appellant. ALLSTATE LEASING CORPORATION, Plaintiff-Appellee, v. BOARD OF COUNTY COMMISSIONERS, SANTA FE COUNTY, NEW MEXICO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 1, 1971.


Attorney(s) appearing for the Case

Charles D. Olmsted, Santa Fe, N. M. (Victor R. Ortega, Dist. Atty., First Judicial District, State of New Mexico, with him on the brief), for appellants.

Robert G. McCorkle, Albuquerque, N. M. (Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N. M., on the brief), for appellee.

Before SETH, McWILLIAMS and DOYLE, Circuit Judges.


SETH, Circuit Judge.

In August 1966, Allstate Leasing Corporation, a California corporation, and the County Commissioners of Rio Arriba County, New Mexico, executed an agreement whereby the county leased a motor grader from Allstate for a term of thirty-four months. In September 1965, the County Commissioners of Santa Fe County, New Mexico, had also "leased" a piece of heavy equipment from Allstate under an identical agreement with the rental term in this case being...

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