Dummar seeks another chance

DENVER — It was a fantastic story, and 30 years ago a jury found it too bizarre to believe: A delivery man says he rescued Howard Hughes after he found him face down and bloodied in the desert, so the billionaire left him $156 million in a hand-scrawled will as a reward.

But Melvin Dummar's attorney says the story became believable in 2004 when pilot Robert Diero came forward to say he flew Hughes to a brothel in Nevada around the time and the place that Dummar said he found Hughes.

On Wednesday, Dummar's attorney, Stuart Stein, told a federal appeals court in Denver that Dummar deserves another shot at getting the money. He argued that Hughes' associates knew about Diero but didn't disclose it at the original probate trial in 1977-78.

"The judgment was obtained by fraud," Stein told a three-judge panel of the 10th U.S. Circuit Court of Appeals.

Dummar's lawsuit seeks the money from the estates of two men who benefited from Hughes' will. Randy Dryer, an attorney for one of the estates, told the appeals judges that Stein's allegations of fraud are based on "speculation and conjecture."

And Dryer said that even if a jury heard from Diero and believed the story, "It doesn't necessarily follow that the jury would have concluded that the (will) was valid.

"They could have easily concluded that Mr. Dummar saw a golden opportunity to reward himself for his good deeds," Dryer said.

Dryer also argued the will already has been determined to be a forgery, saying that it doesn't contain the authentic writing of Hughes.

Dummar is among the most famous of hundreds of people who came forward claiming to be heirs to Hughes' estate after the eccentric billionaire's death in 1976.

Now 63, Dummar delivers frozen food and lives in Brigham City, Utah. He says as a 22-year-old man he was driving across the Nevada desert in December 1967 when he came across a "bum" near Lida Junction and gave him a ride to the Sands Hotel in Las Vegas.

Dummar said the man claimed he was Hughes, but he didn't believe it until someone he said was Hughes' personal messenger delivered the handwritten will to the Brigham City gas station that Dummar owned.

It included instructions to turn the will over to The Church of Jesus Christ of Latter-day Saints, which also stood to gain $156 million. The church never pursued a claim.