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eBook details

• Title: Fymbo v. State Farm Life and Casualty Company
• Author : Tenth Circuit U.S. Court of Appeals
• Release Date : January 05, 2000
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Plaintiff Donald E. Fymbo, a public insurance adjuster appearing pro se, brought this class action suit against defendant State Farm Fire and Casualty Company on behalf of himself as assignee of certain State Farm insureds and on behalf of other similarly situated State Farm insureds. The magistrate judge recommended that the complaint be dismissed because Mr. Fymbo is not an attorney, his lack of competence was proven by his pleadings filed in the district court, and he was not an adequate representative for the putative class under Fed. R. Civ. P. 23(a)(4). See R. doc. 15. The district court adopted the magistrate judges recommendation, dismissed the complaint, and imposed sanctions of $500.00 under Fed. R. Civ. P. 11(b). See R. docs. 20, 25. Mr. Fymbo appeals. We have jurisdiction under 28 U.S.C. § 1291.

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