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George KERN, Appellant,
v.
Thomas J. FITZGERALD, Trustee of the Estate of Western Engineering Company, Bankrupt, Appellee
v.
Thomas J. FITZGERALD, Trustee of the Estate of Western Engineering Company, Bankrupt, Appellee
6671_1.
Court of Appeals for the Tenth Circuit.
May 31, 1961.
C. Mert Reese, Denver, Colo., for appellant., John W. Low, Denver, Colo., for appellee.
Murrah, Pickett, Lewis.
Published
PER CURIAM.
This is a companion case to Sutherland v. Fitzgerald, 10 Cir., 1961, 291 F.2d 846. The facts are identical except here the appellant did not file a motion under Rule 60(b), 28 U.S.C.A. For the reasons expressed in Sutherland, the motion to dismiss is granted and the appeal dismissed.