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FREDERIKSEN v. EMPLOYERS' LIABILITY ASSUR. CORPORATION, LIMITED, OF LONDON, ENGLAND

No. 5333.

26 F.2d 76 (1928)

FREDERIKSEN v. EMPLOYERS' LIABILITY ASSUR. CORPORATION, LIMITED, OF LONDON, ENGLAND, et al.

Circuit Court of Appeals, Ninth Circuit.

April 30, 1928.

Attorney(s) appearing for the Case

Frank M. Carr and Stanley R. Sterne, both of Oakland, Cal., for plaintiff in error.

Redman & Alexander, of San Francisco, Cal., for defendants in error.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

GILBERT, Circuit Judge (after stating the facts as above).

That the trial court properly instructed the jury to return a verdict for the defendants is too plain to require discussion. By no permissible construction of the terms of the insurance policies can it be held that Bryson at the time of the accident was using the automobile with the permission of the insured, or with the permission of any member of his family.

The plaintiff in error relies upon the...

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