Legal Opinion
First National Bank v. Western Casualty & Surety Co.
Court of Appeals for the Tenth Circuit
Decided May 15, 1979No. 79-1340PublishedCited by 1 opinion
1Opinion of the Court
McWILLIAMS, Circuit Judge.
The judgment entered on April 16, 1979, wherein Earl A. Davis, a national bank examiner, was held in contempt of court and committed forthwith to the Laramie County Jail for a period of 30 days and fined $1,000, is reversed for the reason that the United States District Court for the District of Wyoming lacked jurisdiction to enter such order. The present controversy is, in our view, governed by Fed.R.Civ.P. 37 and not by Rule 45. Background material will put the controversy in focus.
The First National Bank at Thermopolis brought an action in the U. S. District Court…
2Cases cited3 opinions
- The B. F. Goodrich Tire Company v. E. H. LysterCourt of Appeals for the Fifth Circuit · 1964
- Braziller v. LindDistrict Court, S.D. New York · 1963
- Gottlieb v. IsenmanDistrict Court, D. Massachusetts · 1953
3Cited by1 opinion
- First National Bank at Thermopolis, a National Banking Association v. Western Casualty and Surety Company, a Kansas Corporation, and Third-Party v. Paul W. Axtell, John S. Herrin, Max E. Mortimore, Clem John, Norman Sanford, and Willard Wilson, Third-Party Earl A. Davis, National Bank ExaminerCourt of Appeals for the First Circuit · 1979