GEORGE KERN, APPELLANT,
v.
THOMAS J. FITZGERALD, TRUSTEE OF THE ESTATE OF WESTERN ENGINEERING COMPANY, BANKRUPT, APPELLEE
GEORGE KERN, APPELLANT,
THOMAS J. FITZGERALD, TRUSTEE OF THE ESTATE OF WESTERN ENGINEERING COMPANY, BANKRUPT, APPELLEE
291 F.2d 847
United States Court of Appeals for the Tenth Circuit (1961)
Opinion of the Court
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.