Dummar loses a battle over Hughes' will

A federal judge on Thursday denied a motion in a fraud case brought by Melvin Dummar, but Dummar still insists that he really did give eccentric billionaire Howard Hughes a ride and later was named a beneficiary in a handwritten will often referred to as the "Mormon will."

Dummar also plans to keep on fighting, and his attorney said it is likely that they will appeal the judge's dismissal of the motion to the 10th Circuit Court of Appeals in Denver.

Dummar has sued two men who inherited money from Hughes' estate, William Rice Lummis and Frank William Gay. The lawsuit contends the pair tried to cheat Dummar by conspiring to have witnesses claim that Hughes never left his suite at the Desert Inn Hotel in Nevada in 1967.

Dummar claims he came across what he thought was a homeless man who was stranded and gave him a ride, only to find out that the man was Hughes. Dummar claims Hughes repaid this kind act by naming him a beneficiary in the handwritten will.

Gay has since died, but his estate will be represented in the litigation. Dummar alleges that Lummis and Gay were guilty of fraud, unjust enrichment and racketeering.

U.S. District Judge Bruce Jenkins previously dismissed Dummar's fraud case, but Dummar then filed a motion with the court asking that he be permitted to continue taking depositions while an appeal of the case's dismissal was pending. However, the judge on Thursday turned down the motion, although Dummar's lawyer, Stuart Stein, said it is likely the motion's dismissal will be appealed.

Meanwhile, Dummar has filed a similar lawsuit in Nevada's state court, which was moved to federal court there, to prevent the statute of limitations from kicking in. Among other things, he was encouraged by what was characterized as new evidence in a 2005 book, "The Investigation," written by a retired FBI agent.

Stein argued on Thursday that it was important to get depositions soon from 18 possible witnesses because many are in their 70s or 80s, and two have serious illnesses.

But Randy Dryer, the attorney for Lummis, said the matter was resolved in 1978 when a Las Vegas jury ruled the handwritten will was a fraud.

"The jury heard eight months of testimony from scores of witnesses, and the jury found the will to be a fake," Dryer said. "Unless the so-called 'Mormon will' is found to be valid, Mr. Dummar has no claim."

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E-mail: lindat@desnews.com