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

No. 6477.

56 F.2d 87 (1932)

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

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied March 7, 1932.

Attorney(s) appearing for the Case

Matthew A. McCullough, of San Francisco, Cal., for appellant.

F. Eldred Boland and Samuel Knight, both of San Francisco, Cal., for appellee.

Before WILBUR and SAWTELLE, Circuit Judges, and McCORMICK, District Judge.

WILBUR, Circuit Judge.

This action was brought by appellant as beneficiary under a policy of life insurance issued by the Mutual Life Insurance Company of New York to appellant's deceased husband, William D. Clark. The only question in the case is whether or not the balance of the insurance, after deducting the amount of the loan to the insured, should be paid in a lump sum or whether the beneficiary should be paid in annual...

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