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TEXAS CONTINENTAL LIFE INSURANCE COMPANY v. DUNNE

Nos. 14596, 14597.

307 F.2d 242 (1962)

TEXAS CONTINENTAL LIFE INSURANCE COMPANY, Plaintiff-Appellee, v. Charles D. DUNNE and J. E. Dunne, II, Defendants-Appellants. TEXAS CONTINENTAL LIFE INSURANCE COMPANY, Plaintiff-Appellee, v. The BANKERS BOND COMPANY, Inc., and Elinore Sedley, Defendants-Appellants.

United States Court of Appeals Sixth Circuit.

As Amended August 15, 1962.

Rehearing Denied September 27, 1962.

Attorney(s) appearing for the Case

Arthur W. Grafton, Louisville, Ky. (A. Berkowitz, Birmingham, Ala., H. Wendell Cherry, Louisville, Ky., Charles J. Najjar, Birmingham, Ala., on the brief, Wyatt, Grafton & Sloss, Louisville, Ky., Berkowitz, Lefkovits & Paden, Birmingham, Ala., of counsel), for Bankers Bond Co.

Henry R. Heyburn, Louisville, Ky. (Mark Davis, Jr., Louisville, Ky., Ira Lee Allen, Dallas, Tex., on the brief, Marshall, Cochran, Heyburn & Wells, Louisville, Ky., Thompson, Coe, Cousins & Irons, Dallas, Tex., of counsel), for Texas Continental Life.

Henry J. Stites, Louisville, Ky., for Charles D. Dunne and J. E. Dunne II.

Before CECIL and WEICK, Circuit Judges, and BOYD, District Judge.

WEICK, Circuit Judge.

This appeal is from an order granting plaintiff's motion, filed pursuant to Rule 50(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., for judgment in accordance with its motion for a directed verdict made at the close of all the evidence and after the jury had disagreed and a mistrial had been declared. The order was in conformity with the opinion of the District Judge reported in 187 F.Supp. 15.

Plaintiff's complaint contained...

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