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KATZBURG v. KREBS

No. 75-1575.

545 F.2d 104 (1976)

Max KATZBURG and Spencer B. Gilbert, Executor of the Estate of George Horowitz, Deceased, Individually and for and on behalf of Krebs & Sohn, Inc., a New Mexico corporation, Plaintiffs-Appellants, v. Erika KREBS et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided November 19, 1976.

Attorney(s) appearing for the Case

Stanley C. Sager, Albuquerque, N. M. (Menig, Sager, Curran & Sturges, Albuquerque, N. M., on the brief), for plaintiffs-appellants.

Robert A. Johnson, Roswell, N. M. (Ralph D. Shamas and Atwood, Malone, Mann & Cooter, Roswell, N. M., on the brief), for defendants-appellees.

Before McWILLIAMS and BREITENSTEIN, Circuit Judges, and ZIRPOLI, District Judge.

McWILLIAMS, Circuit Judge.

This is a fraud case in which the trial court granted summary judgment in favor of the defendants on the ground of res judicata. We reverse.

The record before us consists of the complaint, the separate answers of the several defendants, a pretrial order, and the depositions of many of the principals to the dispute. From the latter we learn that Max Katzburg and Erika Krebs were friends of long standing, having first met in...

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