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GREAT AMERICAN INSURANCE COMPANY v. HORAB

No. 17018.

309 F.2d 262 (1962)

GREAT AMERICAN INSURANCE COMPANY, Appellant, v. Sam HORAB, Appellee.

United States Court of Appeals Eighth Circuit.

October 31, 1962.

Attorney(s) appearing for the Case

Frank F. Jestrab, of Bjella, Jestrab, Neff & Pippin, Williston, N. D., made argument for the appellant and Clausen, Hirsh, Miller & Gorman, Chicago, Ill., were with Bjella, Jestrab, Neff & Pippin, Williston N. D., on the brief.

Herbert L. Meschke, of Ilvedson, Pringle, Herigstad & Meschke, Minot, N. D., made argument for appellee and Telmar Rolfstad, Williston, N. D., was with Ilvedson, Pringle Herigstad & Meschke, Minot, N. D., on the brief.

Before MATTHES and BLACKMUN, Circuit Judges, and REGISTER, District Judge.

BLACKMUN, Circuit Judge.

By this diversity action Great American Insurance Company seeks to void two farm fire insurance policies it issued to Sam Horab. It also seeks to recover $3,000 it paid Horab under one of the policies. Horab has counterclaimed for a $13,200 loss under the other policy. Tried to a jury, a special verdict was returned favoring Horab. Thereupon the trial court dismissed the complaint with prejudice and entered judgment for Horab on his counterclaim...

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