Ruth Deeg, Widow of Nolan Frank Deeg, Deceased Norman F. Montgomery and C. P. McCarthy v. Lumbermen's Mutual Casualty Co., a Corporation

LEWIS, Circuit Judge.

This appeal probes the correctness of a ruling made by the District Court for the District of New Mexico holding that under the law of that state an insurance company issuing a policy of insurance to a motor carrier under statutory compulsion 1 cannot be joined as a party defendant in an action for damages allegedly arising from the negligent operation of the insured vehicle. Appellants originally filed their action in the state court naming the driver of the truck, his employer, and the employer’s insurance carrier (appellee here) as parties defendant. After removal to…