DUPECK v. UNION INSURANCE COMPANY OF AMERICA

No. 17391.

329 F.2d 548 (1964)

Albert DUPECK and Bessie Dupeck, Appellants, v. UNION INSURANCE COMPANY OF AMERICA, Appellee.

United States Court of Appeals Eighth Circuit.

As Amended on Denial of Rehearing May 15, 1964.


Attorney(s) appearing for the Case

Eugene H. Buder, St. Louis, Mo., made argument for appellant and Robert H. Jones, Kennett, Mo., was with him on the brief.

Edward F. O'Herin, Malden, Mo., made argument for appellee and filed brief with Veryl L. Riddle and James S. Newberry, of Riddle, O'Herin & Newberry, Malden, Mo.

Before VOGEL, BLACKMUN and RIDGE, Circuit Judges.


RIDGE, Circuit Judge.

This is an appeal from a judgment denying recovery on a policy of fire insurance because of claimed cancellation thereof by the insured prior to total destruction of the property by fire. Federal jurisdiction of this action was first premised in § 1332, Title 28, U.S.C.A. After removal, appellee filed answer and counterclaim in the nature of interpleader under §§ 1335, 1397 and 2361, Title...

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