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GASAWAY v. NORTHWESTERN MUT. LIFE INS. CO.

No. 93-16235.

26 F.3d 957 (1994)

Sherry GASAWAY, Plaintiff-Appellant, v. NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, an Oregon corporation; John Does 1-10; Doe Partnerships 1-10; Roe Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 9, 1994.

Attorney(s) appearing for the Case

Dennis W. Potts, Honolulu, HI, for plaintiff-appellant.

Richard B. Miller, McCorriston Miho Miller & Mukai, Honolulu, HI, for defendants-appellees.

Before: FARRIS, BEEZER and RYMER, Circuit Judges.

Opinion by Judge RYMER.

RYMER, Circuit Judge:

Sherry Gasaway appeals the district court's summary judgment in favor of Northwestern Mutual Life Insurance Co. (NML) on its counterclaim for rescission of Gasaway's disability insurance policy based on material misrepresentations in her application. See Gasaway v. Northwestern Mut. Life Ins. Co., 820 F.Supp. 1241 (D.Haw.1993...

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