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HARMAN v. DIVERSIFIED MEDICAL INVESTMENTS CORPORATION

No. 73-1299.

488 F.2d 111 (1973)

Ferrin C. HARMAN and Henry Clay, Plaintiffs-Appellants, v. DIVERSIFIED MEDICAL INVESTMENTS CORPORATION, a Colorado corporation, et al., Defendants-Appellees. DIVERSIFIED MEDICAL INVESTMENTS CORPORATION, a Colorado corporation, Third Party Plaintiff, v. David L. DOOLEY, Third Party Defendant.

United States Court of Appeals, Tenth Circuit.

Decided November 27, 1973.

Attorney(s) appearing for the Case

John B. Ogden, Oklahoma City, Okl., for plaintiffs-appellants.

Robert S. Baker, Oklahoma City, Okl. (Dan A. Rogers, Tulsa, Okl., on brief for John E. Schroyer; Robert J. Emery, Oklahoma City, Okl., on brief for Chromalloy, Friedman, Zlotnick and Mullins), for defendants-appellees.

Before PHILLIPS, HILL and DOYLE, Circuit Judges.

HILL, Circuit Judge.

This appeal results from the dismissal of appellants' complaint and the granting of summary judgment for the defendants on their cross-claim in the United States District Court for the Western District of Oklahoma. After reviewing the submissions included in the record of this diversity case, we conclude that the many factual issues present in this case render the entry of summary judgment inappropriate here.

The record reveals some uncontroverted...

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