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SARBER v. ÆTNA LIFE INS. CO.

No. 5156.

23 F.2d 434 (1928)

SARBER v. ÆTNA LIFE INS. CO.

Circuit Court of Appeals, Ninth Circuit.

January 9, 1928.

Attorney(s) appearing for the Case

Eddy Knapp and Lyman I. Mowry, both of San Francisco, Cal., for plaintiff in error.

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

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

RUDKIN, Circuit Judge.

This was an action for deceit. It appears from the original complaint that on July 23, 1923, the plaintiff was an employee, within the contemplation and under the provisions of the Workmen's Compensation Act of the state of California (St. 1913, p. 279, as amended); that on the above date, in the course of his employment, a small fragment of steel penetrated his leg, causing injury thereto; that the defendant, as insurance carrier, took over...

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