Legal Opinion

Ross A. McCallister v. M-A-C Finance Co. Of Tulsa, Inc. And Hartford Accident & Indemnity Co.

Court of Appeals for the Tenth Circuit

Decided June 5, 1964No. 7417_1PublishedCited by 4 opinions

1Opinion of the Court

PICKETT, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the District of New Mexico, dismissing the complaint by which the appellant McCallister sought to recover damages resulting from an alleged wrongful replevin of automobiles. The court, in its order of dismissal, held tliat the judgment for McCallister (defendant in the replevin action) in the state court was res judicata as to an issue of damages allegedly resulting from the wrongful replevin.

There is no dispute as to the facts. McCallister is an automobile dealer in. Albuquerque, New Mexico. The…

2Cases cited9 opinions

  1. Vigil v. JohnsonNew Mexico Supreme Court · 1955
  2. Giannini v. WilsonNew Mexico Supreme Court · 1939
  3. Roy Kirby, Trustee in Bankruptcy v. United States of America, in the Matter of Allen Brothers Truck Lines, Inc., BankruptCourt of Appeals for the Tenth Circuit · 1964
  4. State Ex Rel. Sandoval v. TaylorNew Mexico Supreme Court · 1939
  5. Roth v. YaraNew Mexico Supreme Court · 1914

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3Cited by4 opinions

  1. Oscar Rios, Assignee v. Cessna Finance CorporationCourt of Appeals for the Tenth Circuit · 1973
  2. Riggs v. GardikasNew Mexico Supreme Court · 1967
  3. Barry v. State Surety CompanySupreme Court of Iowa · 1967
  4. Benjamin R. Loye, Trustee in Bankruptcy v. Denver United States National Bank, in the Matter of Carl Luchetta, Jr., BankruptCourt of Appeals for the Tenth Circuit · 1965

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