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AVEMCO INS. CO. v. CESSNA AIRCRAFT CO.

No. 92-4149.

11 F.3d 998 (1993)

AVEMCO INSURANCE COMPANY, Plaintiff-Appellant, and Lynn U. Goodfellow, Plaintiff, v. CESSNA AIRCRAFT COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 15, 1993.

Attorney(s) appearing for the Case

William L. Schanz, William L. Schanz, a Law Corp., Irvine, CA, for plaintiff-appellant.

Tracy H. Fowler (Jon C. Martinson, with him on the brief), Campbell, Maack & Sessions, Salt Lake City, UT, for defendant-appellee.

Before BALDOCK, HOLLOWAY and KELLY, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

Plaintiff-appellant Avemco Insurance Company appeals from dismissal of its action against Cessna Aircraft Company for indemnity and contribution. These claims arose from Avemco's settlement of a claim against its insured, owner and pilot of a Cessna aircraft, to a passenger injured in an airplane crash. The district court held that Avemco's action was barred as an untimely compulsory counterclaim which should have been asserted in prior...

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