BROWN v. CHAFFEE

Nos. 77-1988, 78-1072.

612 F.2d 497 (1979)

Robert BROWN, Plaintiff-Appellant, v. F.T. CHAFFEE, Joseph W. Zima, C. Keith Sayler, Edwin Dudley Smith, David H. Fisher, Donald Patterson, Larry G. Pepperdine, James P. Nordstrom, Dennis R. Taylor, Justice B. King, Herbert A. Marshall, Doral H. Hawks, E. Gene McKinney, J. Roger Hendrix, Michael J. Schenk and William T. Nichols, and United States Fire Insurance Company and Affiliated FM Insurance Company, Defendants-Appellees. Robert BROWN, Plaintiff-Appellant, v. AFFILIATED FM INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided December 26, 1979.


Attorney(s) appearing for the Case

Fred W. Phelps, Jr., Topeka, Kan. (Fred W. Phelps, Topeka, Kan., with him on the brief), for plaintiff-appellant.

Fred N. Six, of Barber, Emerson, Six, Springer & Zinn, Lawrence, Kan., for defendants-appellees F. T. Chaffee and Joseph W. Zima.

Robert L. Baer, Topeka, Kan. (Michael J. Grady, Topeka, Kan., with him on the brief), of Cosgrove, Webb & Oman, Topeka, Kan., for defendants-appellees C. Keith Sayler, Edwin Dudley Smith, David H. Fisher, Donald Patterson, Larry G. Pepperdine, James P. Nordstrom, Dennis R. Taylor and Justice B. King.

Thomas L. Theis, Topeka, Kan. (Myron L. Listrom, Topeka, Kan., with him on the brief), of Sloan, Listrom, Eisenbarth, Sloan & Glassman, Topeka, Kan., for defendants-appellees Herbert A. Marshall, Doral H. Hawks, H. Gene McKinney, J. Roger Hendrix, Michael J. Schenk, and William T. Nichols.

Monti L. Belot, of Weeks, Thomas, Lysaught, Bingham & Mustain, Kansas City, Kan., for defendant-appellee United States Fire Ins. Co.

Charles D. McAtee, Topeka, Kan. (Ronald W. Fairchild, Topeka, Kan., with him on the brief), of Eidson, Lewis, Porter & Haynes, Topeka, Kan., for defendant-appellee Affiliated FM Ins. Co.

Before SETH, Chief Judge, and DOYLE and LOGAN, Circuit Judges.


LOGAN, Circuit Judge.

Robert Brown appeals orders of dismissal in his action brought in federal district court against individuals and insurance companies involved in a prior case in which he was a defendant. Count I, based on diversity jurisdiction, alleges that two insurance companies, United States Fire Insurance Company (USFIC), and Affiliated FM Insurance Company (AFM), defrauded him and breached their contractual duties to defend in good faith in the prior case...

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