Legal Opinion

Mobley Et Ux. v. Kansas City Southern Ry. Co. 1

Court of Appeals for the Fifth Circuit

Decided February 25, 1953No. 14307Published

1Opinion of the Court

HUTCHESON, Chief Judge.

Brought under the Louisiana Direct Action Statutes. 2 against an insurer in a policy issued outside of the state of Louisiana and containing a “no action” clause, this is one of a series of actions in which, for the reasons fully set out in his several opinions, 3 the District Judge for the Western District of Louisiana entered judgments of dismissal.

In this, the second of the four dismissals entered in 1952, the district judge sustained the motion of the insurer to dismiss on the authority of Bayard and Bish, the first two cases cited in note 3, supra, and upon the…

2Cases cited5 opinions

  1. Fisher Et Ux. v. Home Indemnity CoCourt of Appeals for the Fifth Circuit · 1952
  2. Bayard v. Traders & General Ins. Co.District Court, W.D. Louisiana · 1951
  3. Atlas Storage Co. v. United StatesDistrict Court, S.D. West Virginia · 1969
  4. Watson v. Employers Liability Assur. Corp.District Court, W.D. Louisiana · 1952
  5. Employers Mut. Liability Ins. Co. v. Eunice Rice Milling CoCourt of Appeals for the Fifth Circuit · 1952

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