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INLAND EMPIRE INSURANCE COMPANY v. FREED

No. 5333.

239 F.2d 289 (1956)

INLAND EMPIRE INSURANCE COMPANY; and C. E. Whisman, H. C. Redlich and D. R. Stanford, Directors of Inland Empire Insurance Company, Appellants, v. David L. FREED, Daniel G. Freed and Peter Freed, d.b.a. Freed Finance Company, a partnership; Leo O'Connell, Commissioner of Insurance of the State of Idaho; G. A. Bushnell, Receiver of Trans-Pacific Insurance Company; and Continental Bank and Trust Company, a Utah corporation, Receiver of Inland Empire Insurance Company, Appellees.

United States Court of Appeals Tenth Circuit.

November 15, 1956.

Attorney(s) appearing for the Case

Grant Bagley, Salt Lake City (David E. Salisbury, Salt Lake City, Utah, was with him on the brief), for appellants.

Nathan J. Fullmer, Salt Lake City, Utah (Louis H. Callister, Salt Lake City, Utah, was with him on the brief), for appellee, Freed Finance Co.

Grayden W. Smith, Boise, Idaho (Edward J. Aschenbrener, Nampa, Idaho, with him on the brief), for appellee, Commissioner of Insurance of State of Idaho.

Calvin L. Rampton, Salt Lake City, Utah, for appellee, Continental Bank and Trust Co., Receiver of Inland Empire Ins. Co.

Before HUXMAN, MURRAH and PICKETT, Circuit Judges.

MURRAH, Circuit Judge.

This is an appeal from an order of the District Court of Utah, appointing a receiver for Inland Empire Insurance Company, domiciled in Idaho, with its principal place of business in Salt Lake City, Utah. The receiver was appointed after a full hearing on complaint of a contract creditor, alleging due and unpaid indebtedness, insolvency and imminence of dissipation. Federal jurisdiction is based upon requisite diversity of citizenship and amount...

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