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HYLAND v. MILLERS NAT. INS. CO.

No. 7937.

92 F.2d 462 (1937)

HYLAND v. MILLERS NAT. INS. CO. et al.

Circuit Court of Appeals, Ninth Circuit.

November 1, 1937.

Attorney(s) appearing for the Case

Morgan V. Spicer, William S. Graham, W. W. Sanderson, and J. W. McCaughey, all of San Francisco, Cal., Robert W. Jennings, of Sacramento, Cal., and W. H. Metson, of San Francisco, Cal., for appellant.

H. A. Thornton, Thornton & Watt, and Thornton & Taylor, all of San Francisco, Cal., for appellees Millers Nat. Ins. Co. and Western Ins. Co. of America.

Redman, Alexander & Bacon, Jewel Alexander, Wm. C. Bacon, and R. P. Wisecarver, all of San Francisco, Cal., for appellees Dubuque Fire & Marine Ins. Co., National Reserve Ins. Co., Minnesota Fire Ins. Co., and Merchants Fire Ins. Co.

Orrick, Palmer & Dahlquist, of San Francisco, Cal., for appellee National Liberty Ins. Co.

Long & Levit, Percy V. Long, Bert W. Levit, and R. P. Wisecarver, all of San Francisco, Cal., for appellee Firemen's Ins. Co. of Newark, N. J.

Before WILBUR, DENMAN, and HANEY, Circuit Judges.

DENMAN, Circuit Judge.

In the petition for rehearing petitioner Hyland cites the recent case of Koyer v. Detroit Fire & Marine Ins. Co., 70 P.2d 927, a decision by the California Supreme Court. The opinion in that case discloses that the insurer charged and proved that the insured's and insurer's appraisers had selected a third; that the insured objected to the latter and a month's delay ensued before the two selected another third for umpire. It was not proved...

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