Billy Wayne Broyles, Linn M. Broyles v. Herman D. Bayless, Tennessee Farmers Mutual Insurance Company

CLARK, Circuit Judge:

This appeal arises from the district court’s dismissal of a personal injury diversity action involving an automobile collision on Monteagle Mountain in Marion County, Tennessee. After conducting a nonjury trial on the issue of liability, the district court held that, under Tennessee law, it should have considered the citizenship of one of the plaintiffs uninsured motorist carriers in determining subject matter jurisdiction. Because both the insurance carrier and the plaintiff are citizens of Tennessee, the district court dismissed the suit for lack of diversity. We find…