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ADAMS v. J.W. JONES CONST. CO.

No. 81-1598.

703 F.2d 483 (1983)

Melvin E. ADAMS, Plaintiff-Appellant, Roadway Express, Inc., Plaintiff-Intervenor, v. J.W. JONES CONSTRUCTION COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 31, 1983.

Attorney(s) appearing for the Case

Smith, Ranson & Gilstrap, Albuquerque, N.M., and Lampkin, Wolfe, McCaffrey & Tawwater, Oklahoma City, Okl., for plaintiff-appellant.

Mark B. Thompson, III, of Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, N.M., for defendant-appellee.

Before HOLLOWAY, McWILLIAMS and BREITENSTEIN, Circuit Judges.

McWILLIAMS, Circuit Judge.

This appeal is submitted on the briefs, both parties having waived oral argument.

This is a personal injury suit. Jurisdiction is based on diversity of citizenship. 28 U.S.C. § 1332. The issue is whether the district court abused its discretion when it denied a Fed.R.Civ.P. 60(b) motion. We conclude that the district court did not abuse its discretion and therefore affirm.

Melvin E. Adams (Adams), a resident of Oklahoma...

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