green
Positive treatment
11.5 score
Top citers, strongest first. 1 distinct citer.
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cited
Cited as authority (rule)
Kaiser Trucking, Inc. v. Liberty Mutual
Co., 239 F.2d 761, 762 (6th Cir. 1956) (per curiam). 8 8.
Retrieving the full opinion text from the archive…
LEO A. SELTZER ENTERPRISES, Inc., Appellant,
v.
MARYLAND CASUALTY COMPANY, Appellee
v.
MARYLAND CASUALTY COMPANY, Appellee
12834.
Court of Appeals for the Sixth Circuit.
Dec 12, 1956.
Morris & Garlove, Louisville, Ky., for appellant., John P. Sandidge and R. P. Hobson, Woodward, Hobson & Fulton, Louisville, Ky., for appellee.
Allen, McALLISTER, Per Curiam, Stewart.
Cited by 2 opinions | Published
PER CURIAM.
The appellant brought this action to recover under a contract of indemnity. The district court dismissed the complaint on the ground that it failed to state a claim upon which relief could be granted, in that it failed to allege compliance with the conditions of the contract as to notice and proof of loss, or that compliance with those conditions had been waived. The judgment of dismissal was entered only after the appellant had been given an opportunity to amend the complaint and had failed to do so.
Upon consideration of the record, briefs, and oral argument of counsel, we are of the opinion that the judgment of the district court is correct, and it is accordingly affirmed.