HENDRIX v. NEW AMSTERDAM CASUALTY COMPANY

No. 9689.

390 F.2d 299 (1968)

William H. HENDRIX, Appellant, v. NEW AMSTERDAM CASUALTY COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

February 8, 1968.


Attorney(s) appearing for the Case

Arthur H. Coleman, Santa Fe, N. M. (Ruben Rodriquez, Santa Fe, N. M., with him on the brief), for appellant.

Mary C. Walters, Albuquerque, N. M. (Toulouse, Rudd, Gallagher & Walters, Albuquerque, N. M., with her on the brief), for appellee.

Before MURRAH, Chief Judge, HILL, Circuit Judge, and CHRISTENSEN, District Judge.


CHRISTENSEN, District Judge.

This is a suit on a builder's risk insurance policy. There is here questioned the validity of the district court's orders permitting amendment of a removal petition to more adequately allege diversity jurisdiction and, following such amendment, granting summary judgment in favor of the insurance company on the grounds that at the time of the fire loss the building was not insured because it theretofore had been "occupied", and was "completed...

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