Robert Glenmore Simmons and Gladyce W. Simmons v. Continental Casualty Company, a Corporation

MATTHES, Circuit Judge.

This is an appeal from the judgment of the United States District Court, Honorable William C. Hanson presiding, dismissing appellants’ complaint. The district court’s opinion details the pertinent facts and is reported at 285 F.Supp. 997 (D.Neb.1968).

The appellants, Robert Glenmore Simmons and his wife, Gladyce, brought an action in the Nebraska state court to recover $25,000 on an insurance policy issued by the Continental Casualty Corporation (Company). Appellants are citizens of Nebraska. The Company is incorporated under Illinois law and maintains its principal…