Zumsteg v. Ætna Casualty & Surety Co.

KENTON, Circuit Judge.

Appellant brought action against appellee in the District Court of the United States for the District of Colorado, claiming damages for various items hereinafter discussed. The trial court entered judgment on the pleadings in favor of appellee, and dismissed the complaint. The ease, therefore, is to be determined on the pleadings.

This court has said in Walker et al. v. Traylor Engineering & Mfg. Co. (C. C. A.) 12 F.(2d) 382, 385, that these questions are determinable by the laws of the state “regulating the practice and pleadings in the courts of that state.” Under the…