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FYMBO v. STATE FARM FIRE AND CASUALTY COMPANY

No. 99-1305.

213 F.3d 1320 (2000)

Donald E. FYMBO, Assignee of the Claims of Class Representatives, Plaintiff-Appellant, and James Howe; Lee A. Lindsey; Sandra Klinger; Gerrit Westervelt; Lawlor T. Westervelt, as Representatives of a Class of All Other Similarly Situated State Farm Insureds, Plaintiffs, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 5, 2000.

Attorney(s) appearing for the Case

Donald E. Fymbo, pro se.

Michael S. McCarthy, Jeanne M. Coleman, and Christopher P. Beall, Faegre & Benson LLP, Denver, Colorado, for Defendant-Appellee.

Before KELLY, McKAY, and HENRY, Circuit Judges.

McKAY, Circuit Judge.

Plaintiff Donald E. Fymbo, a public insurance adjuster appearing pro se, brought this class action suit against defendant State Farm Fire and Casualty Company on behalf of himself as assignee of certain State Farm insureds and on behalf of other similarly situated State Farm insureds. The magistrate judge recommended that the complaint be dismissed because Mr. Fymbo is not an attorney, his lack of competence was proven by his pleadings filed...

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