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CARRIERS INSURANCE CO. v. AMERICAN HOME ASSUR. CO.

No. 74-1330.

512 F.2d 360 (1975)

CARRIERS INSURANCE COMPANY, Plaintiff-Appellee, v. AMERICAN HOME ASSURANCE COMPANY, Defendant-Appellant, and Hartford Fire Insurance Company, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided March 4, 1975.

Rehearing Denied April 4, 1975.

Attorney(s) appearing for the Case

Bill E. Fabian, Kansas City, Kan. (McAnany, Van Cleave & Phillips, Kansas City, Kan., on the brief), for plaintiff-appellee Carriers Ins. Co.

David C. Trowbridge, Kansas City, Mo. (Donald F. Martin, Blackwell, Sanders, Matheny, Weary & Lombardi, Kansas City, Mo., and John J. Bukaty, Jr., Kansas City, Kan., on the brief), for defendant-appellant American Home Assurance Co.

John T. Flannagan, Olathe, Kan. (Keith Martin and Payne & Jones, Olathe, Kan., on the brief), for defendant-appellee Hartford Fire Ins. Co.

Before BREITENSTEIN, HILL and DOYLE, Circuit Judges.

BREITENSTEIN, Circuit Judge.

In 1971 two youths were injured in a vehicular accident. The amount of recovery, determined after jury trial in federal court, is not attacked. In 1975 the insurance companies are still fighting over their respective liabilities. The action before us is for a declaratory judgment. Jurisdiction is based on diversity.

The 582-page record is confusing beyond belief. In the district court there was no trial and the matter was submitted...

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