Cass Bank & Trust Co. v. National Indemnity Co.

VAN OOSTERHOUT, Circuit Judge.

This is a timely appeal by plaintiff Coonce and intervenors Cass Bank & Trust Company and John E. Monge from final judgment dismissing their complaint and claims. This case was tried to Judge Meredith without a jury. A memorandum opinion setting out the facts and the basis of the trial court’s decision is reported at 213 F.Supp. 483. Jurisdiction, based upon diversity of citizenship, is established.

The cause of action is based upon a policy of insurance issued by the defendant National Indemnity Company providing collision coverage with respect to a…