NEWFOUNDLAND AMERICAN INSURANCE CO. v. SUESZ

No. 6615.

289 F.2d 694 (1961)

NEWFOUNDLAND AMERICAN INSURANCE COMPANY, Ltd., a Corporation, Appellant, v. Howard SUESZ, d/b/a Hagen Brothers Circus, Appellee.

United States Court of Appeals Tenth Circuit.

April 19, 1961.


Attorney(s) appearing for the Case

Russell B. Holloway, Oklahoma City, Okl. (Rhodes, Crowe, Hieronymus & Holloway, Oklahoma City, Okl., were with him on the brief), for appellant.

Andrew J. Moore, Oklahoma City, Okl. (Looney, Watts, Looney, Nichols & Johnson, Oklahoma City, Okl., were on the brief), for appellee.

Before BRATTON, LEWIS and BREITENSTEIN, Circuit Judges.


BREITENSTEIN, Circuit Judge.

Appellee Suesz, the operator of a circus, sued appellant-defendant insurance company in a declaratory judgment action to determine the responsibility of the insurer under a public liability policy for injuries received by a minor child when clawed by a lioness while the circus was in winter quarters. The court below held the insurer liable. It is here urged that there was no jurisdiction because of lack of diversity and that the policy...

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