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CHAPPELL v. ROUCH

Nos. 299-70, 300-70.

448 F.2d 446 (1971)

Donnie R. CHAPPELL and S. Eugene Schrock, Appellees, v. Noble J. ROUCH, Appellant, and Mid-Continent Casualty Company, Appellee-Intervener.

United States Court of Appeals, Tenth Circuit.

Rehearing and Rehearing Denied October 12, 1971.

Attorney(s) appearing for the Case

Thomas C. Kelley, Great Bend, Kan. (Lee Turner, Turner & Balloun, Topeka, Kan., on the brief), for appellees.

Norman I. Cooley, Wichita, Kan. (Alvin D. Herrington, McDonald, Tinker, Skaer, Quinn & Herrington, Wichita, Kan., on the brief), for appellant.

James B. Zongker, Wichita, Kan., for appellee-intervener Mid-Continent Casualty Co.

Before HILL, JONES, and McWILLIAMS, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 12, 1971.

McWILLIAMS, Circuit Judge.

Noble J. Rouch, the defendant in two separately filed but related personal injury actions brought in the United States District Court for the State of Kansas, seeks immediate appeal pursuant to 28 U.S.C. § 1292(b) of an order of the trial court denying his motion for summary judgment filed in each of the two proceedings. The motions for summary judgment were in each instance...

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