FIRST NAT. BANK, ETC. v. WESTERN CAS. AND SUR. CO.

No. 79-1340.

598 F.2d 1203 (1979)

FIRST NATIONAL BANK AT THERMOPOLIS, a National Banking Association, Plaintiff, v. WESTERN CASUALTY AND SURETY COMPANY, a Kansas Corporation, Defendant and Third-Party Plaintiff-Appellee, v. Paul W. AXTELL, John S. Herrin, Max E. Mortimore, Clem John, Norman Sanford, and Willard Wilson, Third-Party Defendants-Appellees, Earl A. Davis, National Bank Examiner, Appellant.

United States Court of Appeals, Tenth Circuit.

Decided May 15, 1979.


Attorney(s) appearing for the Case

Dennis M. Hand, Casper, Wyo. (Robert Jerry Hand of Hand, Hand & Hand, P.C., Casper, Wyo., on the brief), for Western Cas. and Sur. Co., defendant and third-party plaintiff-appellee.

William E. Murane and James Shaughnessy of Holland & Hart, Denver, Colo., on the brief, for John S. Herrin, third-party defendant-appellee.

Frank Neville of Williams, Porter, Day & Neville, Casper, Wyo., on the brief, for Max E. Mortimore, third-party defendant-appellee.

Joseph E. Vlastos and J. Nicholas Murdock of Vlastos & Reeves, P.C., Casper, Wyo., on the brief, for Clem John, Norman Sanford and Willard Wilson, third-party defendants-appellees.

Neil H. Koslowe, Special Litigation Counsel, Civ. Div., Dept. of Justice, Washington, D. C. (Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Charles E. Graves, U. S. Atty., and Ronald R. Glancz, Asst. Director, Cheyenne, Wyo., on the brief), for Earl A. Davis, appellant.

Before McWILLIAMS, DOYLE and LOGAN, Circuit Judges.


McWILLIAMS, Circuit Judge.

The judgment entered on April 16, 1979, wherein Earl A. Davis, a national bank examiner, was held in contempt of court and committed forthwith to the Laramie County Jail for a period of 30 days and fined $1,000, is reversed for the reason that the United States District Court for the District of Wyoming lacked jurisdiction to enter such order. The present controversy is, in our view, governed by Fed.R.Civ.P. 37 and not by Rule 45. Background...

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