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UNITED STATES NAT. BANK OF ORE. v. AMERICAN HOME ASSUR. CO.

No. 26432.

443 F.2d 844 (1971)

UNITED STATES NATIONAL BANK OF OREGON, a National Banking Association, Plaintiff-Appellee, v. AMERICAN HOME ASSURANCE COMPANY, a New York Corporation, Defendant-Appellee. Charles L. SHEPHERD, Intervening Plaintiff-Appellant, v. UNITED STATES NATIONAL BANK OF OREGON, a National Banking Association, Plaintiff and American Home Assurance Company, a New York Corporation, Defendants in Intervention.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 16, 1971.

Attorney(s) appearing for the Case

R. W. Kitson (argued), of Rader & Kitson, Portland, Or., for appellant.

Lloyd B. Ericsson (argued), of Dusenbery, Martin, Bischoff & Templeton, Kenneth D. Stephens, John C. Beatty, Jr., Portland, Or., for appellee.

Before MERRILL, BROWNING, and KILKENNY, Circuit Judges.

PER CURIAM:

Charles Shepherd, plaintiff in intervention, appeals from the order of the district court granting a motion for summary judgment dismissing his action on the grounds that it was barred by the limitation clause contained in an insurance contract.

American Home Assurance Company (Company) issued an insurance policy on an airplane to Shepherd, with a loss payable and breach of warranty endorsement in favor of the United States National Bank of Oregon...

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