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MUTUAL LIFE INS. CO. v. LIPP

No. 5478.

28 F.2d 863 (1928)

MUTUAL LIFE INS. CO. OF NEW YORK v. LIPP.

Circuit Court of Appeals, Ninth Circuit.

October 29, 1928.

Attorney(s) appearing for the Case

McCamant & Thompson and Ralph H. King, all of Portland, Or., for appellant.

Wm. T. Stoll and J. W. McInturff, both of Marshfield, Or., and H. F. McInturff, of Portland, Or., for appellee.

Before RUDKIN and DIETRICH, Circuit Judges, and NORCROSS, District Judge.

DIETRICH, Circuit Judge.

Appellant, the Mutual Life Insurance Company of New York, issued two policies of insurance on the life of one John A. Lipp, husband of the appellee, Bertha E. Lipp. After duly submitting proofs of the death of the insured, appellee brought separate suits on the policies, one in a state court of Oregon and the other in the United States District Court in that state. Substantially the only issue in both cases was of the death of the insured...

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