AMERICAN INDEMNITY COMPANY v. SWARTZ

No. 15747.

250 F.2d 532 (1957)

AMERICAN INDEMNITY COMPANY, A Corporation, Appellant, v. Anna SWARTZ, Executrix of the Estate of Morton M. Swartz, Deceased, Albert Swartz, Milton Swartz and Herbert Neal Swartz, d/b/a Kallis & Swartz, Appellees.

United States Court of Appeals Eighth Circuit.

December 24, 1957.


Attorney(s) appearing for the Case

William A. Rundle, Jr., Kansas City, Mo. (Henry W. Buck and Morrison, Hecker, Buck, Cozad & Rogers, Kansas City, Mo., on the brief), for appellant.

A. J. Granoff, Kansas City, Mo. (Loeb H. Granoff, Kansas City, Mo., on the brief), for appellees.

Before GARDNER, Chief Judge, and WOODROUGH and VAN OOSTERHOUT, Circuit Judges.


VAN OOSTERHOUT, Circuit Judge.

This is an appeal by defendant, American Indemnity Company, from a final judgment against it, awarding plaintiffs full recovery upon a robbery loss upon the basis that said loss was insured by the defendant, and awarding plaintiffs damages and attorney's fees by reason of vexatious delay in the payment of the loss.

This case was tried to the court without a jury. Jurisdiction based upon diversity of citizenship and the requisite...

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