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SHAMBURGER v. MOODY

Nos. 20499, 20520, 20521.

437 F.2d 1358 (1971)

John K. SHAMBURGER, Appellee, v. Shearn MOODY, Jr., Appellant, and Empire Life Insurance Company of America. John K. SHAMBURGER, Appellant, v. Shearn MOODY, Jr., Appellee, and Empire Life Insurance Company of America. John K. SHAMBURGER, v. Shearn MOODY, Jr., and Empire Life Insurance Company of America, Appellees, Insuranceshares Corporation and First National Bank in Little Rock, Arkansas, Appellants.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied March 17, 1971.

Attorney(s) appearing for the Case

John H. Haley, Rose, Barron, Nash, Williamson, Carroll & Clay, Little Rock, Ark., for John K. Shamburger.

Leon B. Catlett, Little Rock, Ark., A. R. Schwartz, Houston, Tex., Catlett & Henderson, Little Rock, Ark., for Shearn Moody, Jr.

Robert Shults, Edward Lester, Lester & Shults, Little Rock, Ark., for Insuranceshares Corporation and First Nat-Bank in Little Rock, Ark.

Before MATTHES, Chief Judge, CLARK, Associate Justice, and BRIGHT, Circuit Judge.

PER CURIAM.

John K. Shamburger instituted this diversity action seeking actual and punitive damages for fraud and breach of a written contract against Shearn Moody, Jr., and Empire Life Insurance Company. Intervenors, the First National Bank in Little Rock, Arkansas, and Insuranceshares Corporation, claim separate interests in said contract as third-party beneficiaries. Upon trial without a jury, the district court awarded plaintiff compensatory damages in the sum...

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