American Public Life Ins. Co. v. Virgil Wheeler, Virgil Wheeler v. American Public Life Ins. Co.

ROSS, Circuit Judge.

Virgil Wheeler brought an action for a declaratory judgment against American Public Life Insurance Company (American Public) in an Arkansas state court, to interpret a policy of insurance issued to Wheeler by American Public's predecessor, Washington Standard Life Insurance Co. (Washington Standard). 1 Upon removal to the United States District Court for Arkansas under 28 U.S. C. §§ 1441(a) and 1332(a), the lower court rejected American Public’s defenses to the policy and ordered that it be enforced as written. No attorneys fees were awarded. 344 F.Supp. 950 (E.D.Ark.…