State of Oregon v. St. Paul Mercury Indemnity Company

288 F.2d 32 STATE OF OREGON ex rel. HOWARD COOPER CORPORATION, and Howard Cooper Corporation, an Oregon Corporation, Appellant, v. ST. PAUL MERCURY INDEMNITY COMPANY, and St. Paul Fire & Marine Insurance Company, Appellees. No. 16926. United States Court of Appeals Ninth Circuit. March 2, 1961. Donald H. Joyce, Portland, Or., for appellant. Hollister & Thomas, William F. Thomas, Portland, Or., San Francisco, Cal., for appellees. Before ORR, HAMLIN and JERTBERG, Circuit Judges. HAMLIN, Circuit Judge. 1 Howard Cooper Corporation, the appellant herein, filed an action in the district court of Oregon against St. Paul Mercury Indemnity Company, one of the appellees herein, seeking to recover the sum of $28,651.40. The appellant is an Oregon corporation, and the appellees are a Delaware and a Minnesota corporation respectively. 1 The district court had jurisdiction by reason of 28 U.S. C.A. § 1332, and jurisdiction in this court is based upon 28 U.S.C.A. § 1291 . 2 Jack Robinson, Contractor, Inc., hereinafter called "contractor", was a road building contractor incorporated under the laws of the State of Oregon. On September 22, 1955, it accepted a contract from the…