National Farmers Union Property & Casualty Co. v. Scharberg

OPINION AND ORDER

RUSSELL E. SMITH, District Judge.

A motion to remand this case, which was removed from the state court in Great Falls, raises a troublesome problem of federal jurisdiction.

Truck Insurance Exchange (Truck) brought a declaratory judgment action in the state court to determine its liability under the uninsured motorist clause1 in a policy which it issued to Meyer. (The term “Meyer” is used to designate Kenneth E. Meyer, his deceased wife, and four minor children.)

The facts creating the controversy are these: Scharberg drove' his car into Meyer who recovered judgment against…