C. H. Leavell & Company v. Fireman's Fund Insurance Company

372 F.2d 784 C. H. LEAVELL & COMPANY, a Texas corporation, and River Construction Corporation, a Delaware corporation, a Joint Venture, and Allison Steel Manufacturing Co., an Arizona corporation, Appellants, v. FIREMAN'S FUND INSURANCE COMPANY, a California corporation, Appellee. No. 21180. United States Court of Appeals Ninth Circuit. February 13, 1967. Rehearing Denied April 28, 1967. 1 COPYRIGHT MATERIAL OMITTED Mark Wilmer, of Snell & Wilmer, Phoenix, Ariz., for appellants. 2 Philip A. Robbins, Craig R. Kepner, of Moore, Romley, Kaplan, Robbins & Green, Phoenix, Ariz., for appellee. 3 Before HAMLEY and JERTBERG, Circuit Judges, and BYRNE, District Judge. BYRNE, District Judge: 4 This is an appeal from a decision of the District Court denying recovery to plaintiffs on an insurance policy. 5 Jurisdiction of the District Court is based on 28 U.S.C. 1332, and jurisdiction of this Court is conferred by Section 1291, Title 28, U.S.C. 6 The cause, as to liability of appellee, Fireman's Fund Insurance Company, was submitted to the District Court for decision on an "Agreed Statement of Facts", and several exhibits which were received in evidence. The agreed facts may be…