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McLELLAN v. AUTOMOBILE INS. CO. OF HARTFORD, CONN.

No. 7475.

80 F.2d 344 (1935)

McLELLAN v. AUTOMOBILE INS. CO. OF HARTFORD, CONN., et al.

Circuit Court of Appeals, Ninth Circuit.

November 20, 1935.

Attorney(s) appearing for the Case

V. L. Hash, of Phœnix, Ariz., for appellant.

Redman, Alexander & Bacon, of San Francisco, Cal., Kibbey, Bennett, Gust, Smith & Rosenfeld, of Phœnix, Ariz., and Geo. J. Zech, of San Francisco, Cal., for appellee.

Before WILBUR, GARRECHT, and DENMAN, Circuit Judges.

GARRECHT, Circuit Judge.

Error on the part of the court below in sustaining the demurrers to the appellant's complaint is urged as the basis of the present appeal.

The appellant brought an action against the appellees, in the superior court of Maricopa county, Ariz., seeking to recover damages of $5,000 from each of them. The suit was based upon a contract of insurance, to the rights under which the appellant claims to have been subrogated.

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