William Malbon, Jr. And Thomas M. Malbon, Partners, T/a Malbon Brothers Farm v. Pennsylvania Millers Mutual Insurance Company

MURNAGHAN, Circuit Judge:

The single issue on appeal is: Did the trial court err by failing to give consideration to plaintiffs’ request for a jury trial pursuant to F.R.Civ.P. 39(b)?

Plaintiffs brought suit on January 22, 1979, in the Circuit Court of the City of Virginia Beach, Virginia, to obtain indemnity for losses sustained when three of their grain silos collapsed. Plaintiffs contended that two insurance policies purchased by them from defendant covered their losses; defendant denied coverage. 1

Defendant, on February 14, 1979, on diversity of citizenship grounds, removed the case to the…