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AMERICAN HOME ASSUR. CO. v. CESSNA AIRCRAFT CO.

No. 76-1219.

551 F.2d 804 (1977)

AMERICAN HOME ASSURANCE COMPANY and Westminster Insurance Managers, Inc., et al., Plaintiffs-Appellants, v. CESSNA AIRCRAFT COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided March 16, 1977.

Attorney(s) appearing for the Case

Windle Turley, Dallas, Tex. (John Howie, Law Offices of Windle Turley, Dallas, Tex., on the brief), for plaintiffs-appellants.

David K. Watkiss, Salt Lake City, Utah (Glen E. Davies and Gregory B. Monson of Watkiss & Campbell, Salt Lake City, Utah, on the brief), for defendant-appellee.

Before LEWIS, Chief Judge, and BREITENSTEIN and SETH, Circuit Judges.

BREITENSTEIN, Circuit Judge.

In this diversity action, the insurors of the pilot and the owners of an airplane seek indemnity from the manufacturer of the plane for amounts paid under their policy for injuries and damages arising out of the crash of the plane. The trial court sustained the manufacturer's motion to dismiss on the ground that indemnity was not recoverable under Montana law. We reverse.

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