Booze

This was an action by appellant, American General Insurance Company, against appellees, L. L. Booze and Frank L. Vincent, in the District Court of the United States for the Northern District of California. Appellees moved to dismiss the action. From a judgment granting the motions and dismissing the action this appeal is prosecuted.

The grounds of the motions were that the District Court had no jurisdiction over the subject matter of the action, that the complaint failed to state a claim upon which relief could be granted, and that the issues involved in this action were involved in another pending action, namely, an action by appellee Booze against appellee Vincent in the Superior Court of Butte County, California. To determine whether or not the motions were well founded, we examine the complaint.

The complaint stated, in substance and effect, that appellant was a Texas corporation and hence a citizen of Texas; that appellees were citizens of California; and that appellant had issued to appellee Vincent its liability policy covering, for the period of one year commencing May 22, 1941, an automobile owned and used by Vincent in his dairy business at Chico, in Butte County,…