Hanney v. Franklin Fire Ins. Co. of Philadelphia

HEALY, Circuit Judge.

Appellants sued in the district court to recover for a loss upon a policy of insurance issued by appellee. Their amended complaint contained two counts the first of which attempted to state a claim on the policy as written. The second sought reformation. The court granted appellee’s motion to dismiss the first count on the ground of its failure to state a claim upon which relief can be granted. A judgment of dismissal directed to this count was then entered, and the appeal is from this judgment. Following the entry of the judgment and prior to appealing from it appellants…