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KING FISHER MARINE SERVICE, INC. v. 21ST PHOENIX CORP.

No. 87-2478.

893 F.2d 1155 (1990)

KING FISHER MARINE SERVICE, INC., a Texas corporation, Plaintiff, v. 21st PHOENIX CORPORATION, f/k/a The Hanson Development Company, a Delaware corporation, Defendant-Third-Party-Plaintiff-Appellee, v. LANGAN ENGINEERING ASSOCIATES, INC., a corporation, Third-Party-Defendant-Appellant, Highlands Insurance Company, a Texas corporation, Third-Party-Defendant.

United States Court of Appeals, Tenth Circuit.

January 10, 1990.

Attorney(s) appearing for the Case

Kevin M. Fowler (John C. Frieden, with him on the brief) of Frieden & Forbes, Topeka, Kan., for defendant-third-party-plaintiff-appellee.

Richard F. Hayse (Anne L. Baker, with him on the brief) of Edison, Lewis, Porter & Haynes, Topeka, Kan., for third-party-defendant-appellant.

Before LOGAN and BRORBY, Circuit Judges, and ALLEY, District Judge.

BRORBY, Circuit Judge.

Appellant Langan Engineering Associates (Langan), third-party defendant below, seeks to set aside a 1979 judgment of the federal district court of Kansas on the ground that the judgment is void for lack of subject matter jurisdiction. The district court (Rogers, J.) denied Langan's motion for relief under Fed.R.Civ.P. 60(b)(4), holding it had ancillary jurisdiction of third-party plaintiff Hanson Development Co.'s (Hanson's) claims against Langan...

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