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INDEPENDENCE INDEMNITY CO. v. SANDERSON

No. 6558.

57 F.2d 125 (1932)

INDEPENDENCE INDEMNITY CO. v. SANDERSON.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied April 28, 1932.

Attorney(s) appearing for the Case

John Ralph Wilson, of San Francisco, Cal., for appellant.

Daniel A. Ryan and Thomas C. Ryan, both of San Francisco, Cal., for appellee.

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

SAWTELLE, Circuit Judge.

As stated by appellant, "this is an action upon a policy of liability insurance wherein the injured party and judgment creditor seeks to recover from the insurance carrier the amount of a judgment obtained against the assured. The defense is based upon the violation of provisions of the policy by the assured."

The policy referred to, dated December 23, 1929, was issued by appellant to Mrs. Maud S. Mallett of Berkeley, Cal., owner of...

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