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ROCKY MOUNTAIN FIRE & CAS. CO. v. DAIRYLAND INSURANCE CO.

No. 71-1836.

452 F.2d 603 (1971)

ROCKY MOUNTAIN FIRE & CASUALTY COMPANY, a Washington corporation, Plaintiff-Appellant, v. DAIRYLAND INSURANCE COMPANY, a Wisconsin corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 18, 1972.

Attorney(s) appearing for the Case

Robert A. Guyer, of Burch, Cracchiolo, Levie, Guyer & Weyl, Phoenix, Ariz., for plaintiff-appellant.

M. B. Moseley, of Andrews, Marenda & Moseley, P.A., Phoenix, Ariz., for defendant-appellee.

Before MERRILL, BROWNING, and CHOY, Circuit Judges.

PER CURIAM:

Rocky Mountain Fire & Casualty Company appeals from the district court's dismissal of its diversity action against Dairyland Insurance Company. The district court determined that Rocky Mountain had failed to state a claim recognized by Arizona law. We affirm.

Hugh Tillery wrecked an automobile owned by Buck Cook. An injured passenger sued Tillery. Dairyland had insured the automobile, and was the primary carrier. Rocky Mountain had issued a...

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