Charles C. McCarty and Cora L. McCarty v. First of Georgia Insurance Company

TIMBERS, Circuit Judge.

Appellants Charles and Cora McCarty appeal from a summary judgment entered in the District Court for the Northern District of Oklahoma, Thomas R. Brett, District Judge, in favor of appellee First of Georgia Insurance Company (the company). Upon the company’s refusal to honor appellants’ home fire insurance claim, they commenced a prior action (first action) in the state District Court of Osage County, Oklahoma, seeking relief for breach of the insurance contract. After the removal of that action to the District Court for the Northern District of Oklahoma, H. Dale Cook,…