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SCHUTT v. COMMERCIAL TRAVELERS MUTUAL ACCIDENT ASS'N

No. 147, Docket 23371.

229 F.2d 158 (1956)

J. C. SCHUTT, Administrator of the Estate of John P. Bell, deceased, Jane Bell, Frances Bell Ebling, and Margaret Bell Douglas, residents of Davidson County, Tennessee, Plaintiffs-Appellants, v. The COMMERCIAL TRAVELERS MUTUAL ACCIDENT ASSOCIATION OF AMERICA, a corporation organized under the laws of the State of New York, with its home office in Utica, New York, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 17, 1956.

Attorney(s) appearing for the Case

Kernan & Kernan, Utica, N. Y. (Willis D. Morgan and Bruce C. McLean, Utica, N. Y., of counsel), for plaintiffs-appellants.

Hubbard, Felt & Fuller, Utica, N. Y., for defendant-appellee.

Before CLARK, Chief Judge, and MEDINA and WATERMAN, Circuit Judges.

MEDINA, Circuit Judge.

Plaintiffs are the beneficiaries named in an accident policy of insurance and the legal representative of the assured, John P. Bell, who lost his life in a fire which destroyed his home in Davidson County, Tennessee, on October 8, 1950. They appeal from a judgment dismissing their second cause of action, based upon a Tennessee state court judgment, which the court below held not entitled to full faith and credit for lack of jurisdiction.

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