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McGINNIS v. GUSTAFSON

No. 92-1015.

978 F.2d 1199 (1992)

Lew S. McGINNIS, Debtor-in-possession of the Bankruptcy Estate of Lew S. McGinnis; Michael R. Mastro; John F. Sherwood, Plaintiffs-Appellants, v. Gary GUSTAFSON; Trott, Kunstle & Hughes, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 3, 1992.

Attorney(s) appearing for the Case

Thomas J. Helms, of Miller & McCarren, P.C., Denver, Colo., for plaintiffs-appellants.

Colin C. Campbell, of Wood, Ris & Hames, P.C., Denver, Colo., for defendants-appellees.

Before McKAY, Chief Judge, and BARRETT, Circuit Judge, and BRIMMER, District Judge.

McKAY, Chief Judge.

Plaintiffs brought this diversity action for breach of contract and professional negligence to recover damages allegedly incurred when a default judgment was entered against them in a state interpleader action after counsel, i.e., Defendants, failed to file a timely answer to a cross-claim asserted therein. They now appeal from a district court order granting Defendants' Motion for Summary Judgment and dismissing the case.1

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