Waybright v. Columbian Mut. Life Ins.

SIMONS, Circuit Judge.

In a class action brought by a group of fraternal covenant or certificate holders to require an accounting by the appellee of its affairs, to secure an adjudication of the invalidity of an assessment made upon the members of the class, or, in the alternative, a decree that the proceeds of the assessment constitute a trust fund for the benefit of the covenant holders, the court dismissed the complaint on the ground that the issues had already been decided by the Supreme Court of Tennessee in a similar class action in the unreported case of Garland v. Col-umbian Mutual…