BIRMINGHAM FIRE INSURANCE CO. OF PENNSYLVANIA v. ADOLPH

No. 23086.

379 F.2d 948 (1967)

BIRMINGHAM FIRE INSURANCE COMPANY OF PENNSYLVANIA, Inc., Appellant, v. Mrs. Oliver ADOLPH, individually and on behalf of her minor children, Dale, Susette and Jean, Appellee. Mrs. Oliver ADOLPH, individually and on behalf of her minor children, Dale, Susette and Jean, Appellant, v. BIRMINGHAM FIRE INSURANCE COMPANY OF PENNSYLVANIA, Inc., et al., Appellees.

United States Court of Appeals Fifth Circuit.

June 30, 1967.


Attorney(s) appearing for the Case

P. A. Bienvenu, Bienvenu & Culver, New Orleans, La., for Birmingham Fire Ins. Co. of Pennsylvania.

Luke A. Petrovich, Buras, La., Reginald T. Badeaux, Jr., Robert R. Gisevius, J. Michael Cumberland, New Orleans, La., for Mrs. Oliver Adolph.

Before JONES, WISDOM and GOLDBERG, Circuit Judges.


WISDOM, Circuit Judge:

This case is a vestige of the days when a loophole in the diversity jurisdiction statutes permitted nearly every Louisiana automobile accident plaintiff to take a jaunt through the federal courts.1 Mrs. Oliver Adolph brings this action individually and on behalf of her three minor children against the Birminghan Fire Insurance Company to recover for the death of her husband...

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