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MONTGOMERY v. STUYVESANT INSURANCE COMPANY

No. 11410.

393 F.2d 754 (1968)

Frank MONTGOMERY, Receiver of Crown Insurance Company, Appellant, v. The STUYVESANT INSURANCE COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 2, 1968.

Attorney(s) appearing for the Case

Philip A. Baer, Huntington, W. Va. (Baer & Napier, Huntington, W. Va., on brief), for appellant.

Selden S. McNeer, Jr., Huntington, W. Va. (Campbell, McNeer, Woods, Bagley & Emerson, Huntington, W. Va., on brief), for appellee.

Before BOREMAN, Circuit Judge, MARVIN JONES, Senior Judge, U. S. Court of Claims, and CRAVEN, Circuit Judge.

BOREMAN, Circuit Judge:

This case was originally brought in a West Virginia state court and was subsequently removed to the court below on the ground of diversity of citizenship. Involved is a contract for reinsurance executed in May 1963 by Crown Insurance Company, the reinsured company, and Stuyvesant Insurance Company, the reinsurer. The case was submitted to the district court on stipulations, and the court found for Stuyvesant. We agree with that determination...

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