MALBON v. PENNSYLVANIA MILLERS MUT. INS. CO.

No. 80-1132.

636 F.2d 936 (1980)

William MALBON, Jr. and Thomas M. Malbon, Partners, t/a Malbon Brothers Farm, Appellants, v. PENNSYLVANIA MILLERS MUTUAL INSURANCE COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 30, 1980.


Attorney(s) appearing for the Case

Calvin W. Breit, John H. Klein, Norfolk, Va. (Breit, Rutter & Montagna, Norfolk, Va., on brief), for appellants.

John F. Newhard, Jr., Norfolk, Va. (James A. Howard, II, Breeden, Howard & MacMillan, Norfolk, Va., on brief), for appellee.

Before BUTZNER, HALL and MURNAGHAN, Circuit Judges.


MURNAGHAN, Circuit Judge:

The single issue on appeal is: Did the trial court err by failing to give consideration to plaintiffs' request for a jury trial pursuant to F.R.Civ.P. 39(b)?

Plaintiffs brought suit on January 22, 1979, in the Circuit Court of the City of Virginia Beach, Virginia, to obtain indemnity for losses sustained when three of their grain silos collapsed. Plaintiffs contended that two insurance policies purchased by them from defendant covered...

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