Court of Appeals for the Tenth Circuit December 8, 1981, 80-1544 (Dean Robb, D/B/A Dean Robb Construction Co. v. Universal Constructors, Inc., a New Mexico Corporation)

DOYLE, Circuit Judge.

The plaintiff in the trial court seeks review of judgment entered following the filing of motions for summary judgment by both parties. Plaintiff seeks damages for a leased construction vehicle. Jurisdiction arises from diversity of citizenship.

The vehicle was destroyed a few days after the rental and delivery while it was being used by the defendant-appellee.