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VALLEY TRANSIT MIX OF RUIDOSO, INC. v. MILLER

No. 90-2050.

928 F.2d 354 (1991)

VALLEY TRANSIT MIX OF RUIDOSO, INC.; Bill McCarthy Construction Company, Inc., Plaintiffs, and Nail Plumbing & Heating, Inc., Plaintiff-Appellee, v. Ira B. MILLER; Charles C. Spann, Trustee; Arlene Spann; Maurice Sanchez, Trustee; Violet Sanchez; Marjorie C. Grantham, Defendants-Appellants, B.C.R., Inc., Defendant-Appellee, and Ruidoso Recreation, Inc.; Federal Deposit Insurance Corporation, successor in interest to FNB of Lincoln Co. also known as Moncor; Wayne Townley, doing business as Townley Plumbing and Heating; Richard Fox; Allied Stores, Inc., doing business as T-Bird Home Centers; Slick Graham; Beavers Sand & Gravel, Inc.; Robert Pior, doing business as R & R Fence & Mftg.; Charles H. Anderson, doing business as Charlie Anderson Backhoe & Dozer Service; E-Z TV & Appliances; Village of Ruidoso Downs; Duke Insulation Company, Inc.; John C. Alford; The Ruidoso News; Hollywood Car Parts, Defendants.

United States Court of Appeals, Tenth Circuit.

March 19, 1991.

Attorney(s) appearing for the Case

E. Douglas Latimer of Spann, Latimer & Hollowwa, Albuquerque, N.M., for defendants-appellants.

Damon C. Richards of Sanders, Bruin, Coll & Worley, Roswell, N.M., for defendant-appellee.

Before ANDERSON, TACHA, and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

This action was originally filed in the state district court of Lincoln County, New Mexico, and removed to federal court pursuant to the provisions of 12 U.S.C. § 1819 by the Federal Deposit Insurance Corporation (FDIC), which, following removal, entered a disclaimer of interest. Plaintiffs Valley Transit Mix of Ruidoso, Inc., Bill McCarthy Construction Company, Inc. (McCarthy Construction), and Nail Plumbing and Heating, Inc. (Nail Plumbing...

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