Cavanaugh v. Fireman's Fund Ins.

DONOHOE, Chief Judge.

This is an action by Glenn L. Cavanaugh and Mary Evalyn Cavanaugh, both citizens of Nebraska, individually and as co-partners, against Fireman’s Fund Insurance Company, a California Corporation, for. an accounting under the terms óf á contract entered into by and between the parties. Jurisdiction is based upon diversity of citizenship; 28 U.S.C.A. § 1332(a)(1). At the close of the plaintiffs’ case in chief, defendant moved that the case be dismissed on the ground that plaintiffs have failed to establish- a right to an accounting. Since this action has been tried to the…