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MUTUAL BOILER AND MACHINERY INSURANCE COMPANY v. REYNOLDS METALS COMPANY

No. 22401.

355 F.2d 204 (1966)

MUTUAL BOILER AND MACHINERY INSURANCE COMPANY, Appellant, v. REYNOLDS METALS COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

January 27, 1966.

Attorney(s) appearing for the Case

Douglas Arant, John H. Morrow, Birmingham, Ala., John L. Saltonstall, Jr., Boston, Mass., Gorman R. Jones, Jr., Sheffield, Ala., Macbeth Wagnon, Jr., Birmingham, Ala., McDonnell & Jones, Sheffield, Ala., Bradley, Arant, Rose & White, Birmingham, Ala., Hill & Barlow, Boston, Mass., of counsel, for appellant.

Clopper Almon, Sheffield, Ala., Frank B. Gary, Harold W. Jacobs, Columbia, S. C., Vincent McAlister, Sheffield, Ala., W. Tobin Lennon, Richmond, Va., Almon & McAlister, Sheffield, Ala., Cooper, Gary, Nexsen & Pruet, Columbia, S. C., of counsel, for appellee.

Before TUTTLE, Chief Judge, and RIVES and GEWIN, Circuit Judges.

PER CURIAM:

In its petition for rehearing, Mutual Boiler correctly points out that in its per curiam opinion of November 15, 1965, this court pretermitted full consideration of the question whether the absent fire insurers were necessary parties to this action. There now being made to appear some doubt as to whether joinder of the fire carriers would destroy diversity jurisdiction, we hold that although the fire insurers may be "interested" in this action, they do...

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