U.S. Court of Appeals for the Fifth Circuit, 1966

Shirley Ann Holland v. The Central National Insurance Company of Omaha

Shirley Ann Holland v. The Central National Insurance Company of Omaha
U.S. Court of Appeals for the Fifth Circuit · Decided January 31, 1966 · Gewin, Bell, Hughes
355 F.2d 545; 1966 U.S. App. LEXIS 7340 (Federal Reporter, Second Series)

Shirley Ann Holland v. The Central National Insurance Company of Omaha

Opinion

PER CURIAM:

This is an appeal from an order of the United States District Court dismissing without prejudice the cross claims of the appellants.

The Central National Insurance Company of Omaha, appellee, filed in the United States District Court an action for declaratory judgment involving a policy of automobile liability insurance to determine whether it was under a duty to defend certain suits brought in the Georgia state court based on negligence involving the insured automobile.

The plaintiffs in the state court cases were joined by the appellee as defendants in the declaratory judgment case below. *546 These defendants filed cross claims involving the same cause of action as the state court cases.

A review of the record reveals no error in the District Court’s judgment dismissing the cross claims without prejudice. It follows that the judgment should be, and it is affirmed.

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