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WAYBRIGHT v. COLUMBIAN MUT. LIFE INS. CO.

No. 8680.

122 F.2d 245 (1941)

WAYBRIGHT et al. v. COLUMBIAN MUT. LIFE INS. CO.

Circuit Court of Appeals, Sixth Circuit.

August 15, 1941.

Attorney(s) appearing for the Case

Hillsman Taylor, of Memphis, Tenn. (Albert Carruthers, of Memphis, Tenn., Charles G. Revelle, of Los Angeles, Cal., and Hillsman Taylor, of Memphis, Tenn., on the brief), for appellants.

Scott Fitzhugh, of Memphis, Tenn., and J. Morgan Stevens, of Jackson, Miss. (Fitzhugh, Vaden & Gordon, of Memphis, Tenn., and Stevens & Stevens, of Jackson, Miss., on the brief), for appellee.

Before HICKS, SIMONS, and HAMILTON, Circuit Judges.

SIMONS, Circuit Judge.

In a class action brought by a group of fraternal covenant or certificate holders to require an accounting by the appellee of its affairs, to secure an adjudication of the invalidity of an assessment made upon the members of the class, or, in the alternative, a decree that the proceeds of the assessment constitute a trust fund for the benefit of the covenant holders, the court dismissed the complaint on the ground that the issues had already...

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