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MARCAIDA v. RASCOE

No. 77-3294.

569 F.2d 828 (1978)

Jose Luis MARCAIDA and wife, Anastasia Marcaida, Plaintiffs-Appellants, v. Ray RASCOE, Defendant-Appellee, v. INDUSTRIAL INDEMNITY INSURANCE COMPANY et al., Intervenors-Appellants.

United States Court of Appeals, Fifth Circuit.

March 2, 1978.

Attorney(s) appearing for the Case

Joseph (Sib) Abraham, Jr., Charles Louis Roberts, Gerald J. Smith, El Paso, Tex., for Marcaida.

Stephen B. Tatem, Jr., El Paso, Tex., for Industrial Indemnity, et al.

John A. Grambling, Norman J. Gordon, El Paso, Tex., for defendant-appellee.

Before THORNBERRY, GODBOLD and RUBIN, Circuit Judges.

ORDER

PER CURIAM:

This case is before the Court on the motion of appellee Ray Rascoe to dismiss the appeal of plaintiffs-appellants Jose and Anastasia Marcaida and the motion of intervenors-appellants Industrial Indemnity Insurance Co. and Colorado Major Medical Insurance Fund to reinstate their appeal, which has already been dismissed by the clerk of this Court.

I. MOTION TO DISMISS

Both groups of appellants —the plaintiffs and...

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