TEXAS WESTERN FINANCIAL CORP. v. EDWARDS

No. 84-2574.

797 F.2d 902 (1986)

TEXAS WESTERN FINANCIAL CORPORATION, Plaintiff-Appellee, v. Ken EDWARDS, individually, Defendant-Appellant, Western Apparel Corporation, a corporation, Defendant.

United States Court of Appeals, Tenth Circuit.

July 30, 1986.


Attorney(s) appearing for the Case

Charles A. Whitebook (Merl A. Whitebook with him on briefs), of Whitebook, Holtz, Gaddis & Smolen, Tulsa, Okl., for defendant-appellant.

Robert R. Kamm (Harry J. Martin, Jr., with him on brief), of Vineyard, Drake & Miller, Dallas, Tex., for plaintiff-appellee.

Before McKAY, LOGAN, and MOORE, Circuit Judges.


JOHN P. MOORE, Circuit Judge.

The single issue for review is whether the magistrate properly construed the Texas long-arm statute in denying the motion to vacate and set aside default judgment pursuant to Fed.R.Civ.P. 60(b)(4) filed by appellant Ken Edwards. Our review of the statute and relevant case law mandates a reversal of that order and the dismissal of the action for lack of personal jurisdiction over the defendant.

Mr. Edwards was president of Western...

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