No. 78-3480

637 F.2d 1328 James M. CHISM, Plaintiff/Appellant, v. NATIONAL HERITAGE LIFE INSURANCE COMPANY, an Illinois Corporation, and Does 1 through 10, Defendants/Appellees. No. 78-3480. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 10, 1980. Decided Jan. 30, 1981. 1 Robert Gianelli, Gianelli & Morris, Los Angeles, Cal., for plaintiff/appellant. 2 Martha G. Bannerman, Adams, Duque & Hazeltine, Los Angeles, Cal., for defendants/appellees. 3 Appeal from the United States District Court for the Central District of California. 4 Before WALLACE and NELSON, Circuit Judges, and WEIGEL, * District Judge. WEIGEL, District Judge: 5 Appellant James Chism brought suit in state court for a declaration of his rights under a disability insurance contract and for damages for intentional infliction of mental distress due to non-payment of disability benefits. The complaint, filed February 10, 1978, named National Heritage Life Insurance Company, an Illinois corporation, (hereafter "National") and ten John Does as defendants. 1 On March 16, 1978, National removed the case to federal court on the ground of diversity of citizenship, see 28 U.S.C. § 1441 (a). 6 On May…