Allstate Insurance Company v. Dorr

411 F.2d 198 ALLSTATE INSURANCE COMPANY, an Illinois Corporation, Plaintiff and Appellant, v. Nelson Christian DORR and Aeda Dorr, his wife, surviving parents of Felix Matthew Dorr, Deceased, et al., Defendants and Appellees. No. 22443. United States Court of Appeals Ninth Circuit. May 2, 1969. David L. Haga, Jr. (argued), of O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, Phoenix, Ariz., for appellant. Kenneth Rosengren (argued), Phoenix, Ariz., for appellee Dorr, J. Gordon Cook (argued), of McKesson, Renaud, Cook, Miller & Cordova, Phoenix, Ariz., for appellees Lombardo & Badger Mut. Ins. Co. Jennings, Strouss, Salmon & Trask, Phoenix, Ariz., for appellee Gutierrez. Before MADDEN, * Judge of the United States Court of Claims and MERRILL and HUFSTEDLER, Circuit Judges. MADDEN, Judge: The plaintiff Allstate brought this suit in the United States District Court for Arizona, which court had jurisdiction because of the diversity of citizenship of the parties, and the amount in controversy. The suit sought a declaratory judgment to the effect that a certain liability insurance policy which Allstate had issued to a Mrs. Gutierrez, was invalid because…