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ROYAL INDEMNITY COMPANY v. CLINGAN

No. 16538.

364 F.2d 154 (1966)

ROYAL INDEMNITY COMPANY, Plaintiff-Appellant, v. Henry CLINGAN and Linda Clingan, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

As Amended September 16, 1966.

Attorney(s) appearing for the Case

Ray H. Moseley, Chattanooga, Tenn., for appellant, Noone, Moseley & Bell, Chattanooga, Tenn., on the brief.

Carter Schoolfield, Chattanooga, Tenn., for appellees, Schoolfield & Taylor, Chattanooga, Tenn., on the brief.

Before PHILLIPS and EDWARDS, Circuit Judges, and McALLISTER, Senior Circuit Judge.

PHILLIPS, Circuit Judge.

The district court held that plaintiff-appellant, Royal Indemnity Company ("Royal"), is liable under an automobile accident insurance policy, and Royal has appealed. This action was filed by Royal for declaratory judgment and was tried before the district judge sitting without a jury.

Jurisdiction is based on diversity of citizenship. The law of Tennessee controls.

In its opinion, which is published in 238...

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