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McCULLOGH v. PENN MUT. LIFE INS. CO. OF PHILADELPHIA

No. 6873.

62 F.2d 831 (1933)

McCULLOGH v. PENN MUT. LIFE INS. CO. OF PHILADELPHIA.

Circuit Court of Appeals, Ninth Circuit.

January 16, 1933.

Attorney(s) appearing for the Case

A. L. Wissburg, of San Bernardino, Cal., for appellant.

Robert Dechert, of Philadelphia, Pa., and O'Melveny, Tuller & Myers, J. R. Girling, and L. M. Wright, all of Los Angeles, Cal., for appellee.

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

WILBUR, Circuit Judge.

The appellant, a policyholder in the Penn Mutual Life Insurance Company of Philadelphia, brought this action in equity to reinstate three life and health insurance policies issued to him by the company which he had surrendered after nonpayment of premiums thereon, and to recover the monthly payments which would accrue to him under the terms of the policy in the event that he was, as he alleged, totally and permanently disabled.

The appellant...

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