UNITED STATES FIDELITY AND GUARANTY CO. v. SMITH

No. 16536.

279 F.2d 678 (1960)

UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation, Appellant, v. Roscoe B. SMITH and Ida Smith, Ronald G. Callahan, Harold L. Smith and Ruth Smith, Appellees.

United States Court of Appeals Ninth Circuit.

May 31, 1960.


Attorney(s) appearing for the Case

Moore & Romley, Jarril F. Kaplan, Phoenix, Ariz., for appellant.

Scott, Cavness & Yankee, Thomas J. Croaff, Gorodezky, Mitchell & Stuart, Dan Cracchiolo, Jack C. Cavness, Phoenix, Ariz., for appellees.

Before STEPHENS, HAMLEY and MERRILL, Circuit Judges.


MERRILL, Circuit Judge.

Appellant commenced this action to obtain a judgment declaring that appellee Callahan was not insured by appellant at the time and place of an accident which occurred on March 28, 1957. Jurisdiction is based upon diversity of citizenship. The District Court, sitting without a jury, concluded that Callahan was insured and entered judgment in favor of appellees. This appeal is taken from that judgment.

If Callahan was insured, it was...

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