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UNION CENT. LIFE INS. CO. v. MATTHEW

No. 5645.

33 F.2d 899 (1929)

UNION CENT. LIFE INS. CO. v. MATTHEW.

Circuit Court of Appeals, Ninth Circuit.

June 3, 1929.

Attorney(s) appearing for the Case

F. Eldred Boland and Knight, Boland & Christin, all of San Francisco, Cal., for appellant Insurance Company.

Dinkelspiel & Dinkelspiel, of San Francisco, for appellant Coppin.

Thomas B. McCue, of San Francisco, Cal., and Clifton Hildebrand, of Oakland, Cal., for appellee.

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

RUDKIN, Circuit Judge.

The appellee has filed a petition for rehearing, contending for the first time that the grace period allowed for the payment of premiums ran from the date of the policy, not from the date when the premiums were payable, and that the time allowed for the payment of the third annual premium had not expired at the time of the death of the insured. This belated contention is without merit. Johnson v. Mutual Benefit Life Ins. Co. (C. C. A.) 143 F...

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