United States National Bank of Oregon, a National Banking Association v. American Home Assurance Company, a New York Corporation, Charles L. Shepherd, Intervening v. United States National Bank of Oregon, a National Banking Association, and American Home Assurance Company, a New York Corporation, in Intervention

443 F.2d 844 UNITED STATES NATIONAL BANK OF OREGON, a National Banking Association, Plaintiff-Appellee, v. AMERICAN HOME ASSURANCE COMPANY, a New York Corporation, Defendant-Appellee. Charles L. SHEPHERD, Intervening Plaintiff-Appellant, v. UNITED STATES NATIONAL BANK OF OREGON, a National Banking Association, Plaintiff and American Home Assurance Company, a New York Corporation, Defendants in Intervention. No. 26432. United States Court of Appeals, Ninth Circuit. June 15, 1971. Rehearing Denied July 16, 1971. R. W. Kitson (argued), of Rader & Kitson, Portland, Or., for appellant. Lloyd B. Ericsson (argued), of Dusenbery, Martin, Bischoff & Templeton, Kenneth D. Stephens, John C. Beatty, Jr., Portland, Or., for appellee. Before MERRILL, BROWNING, and KILKENNY, Circuit Judges. PER CURIAM: 1 Charles Shepherd, plaintiff in intervention, appeals from the order of the district court granting a motion for summary judgment dismissing his action on the grounds that it was barred by the limitation clause contained in an insurance contract. 2 American Home Assurance Company (Company) issued an insurance policy on an airplane to Shepherd, with a loss payable and breach of warranty…