FARNER v. FIREMAN'S FUND INS. CO.

No. 82-1647.

748 F.2d 551 (1984)

W.H. FARNER, Plaintiff-Appellant, v. FIREMAN'S FUND INSURANCE CO.; Rodey, Dickason, Sloan, Akin & Robb, P.A., and Modrall, Sperling, Roehl, Harris & Sisk, a Partnership, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 16, 1984.


Attorney(s) appearing for the Case

Charles M. Wilson, III, Dallas, Tex. (Ernesto J. Romero of Romero & Revo, Albuquerque, N.M., with him on brief) of Carter, Jones, Magee, Rudberg & Mayes, Dallas, Tex., for plaintiff-appellant.

Alfred L. Green, Jr., Albuquerque, N.M. (Paul L. Butt, Albuquerque, N.M., with him on the brief) of Shaffer, Butt, Thornton & Baehr, P.C., Albuquerque, N.M., for defendant-appellee Fireman's Fund Ins. Co.

Eric D. Lanphere of Johnson & Lanphere, P.C., Albuquerque, N.M., for defendant-appellee Rodey, Dickason, Sloan, Atkin & Robb, P.A.

C. LeRoy Hansen, Albuquerque, N.M. (Cynthia A. Fry, Albuquerque, N.M., with him on brief) of Civerolo, Hansen & Wolf, P.A., Albuquerque, N.M., for defendant-appellee Modrall, Sperling, Roehl, Harris & Sisk.

Before DOYLE and SEYMOUR, Circuit Judges, and SAFFELS, District Judge.


SEYMOUR, Circuit Judge.

W.H. Farner brought this diversity action against Fireman's Fund Insurance Companies (Fireman's Fund) and two law firms, asserting claims arising out of two prior lawsuits not a part of these proceedings. The district court concluded that all of Farner's claims are barred by the applicable statute of limitations and granted defendants' motions for summary judgment. We affirm in part and reverse in part.

The undisputed facts giving rise...

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