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EDDY v. NATIONAL UNION INDEMNITY CO.

No. 7394.

80 F.2d 284 (1935)

EDDY et al. v. NATIONAL UNION INDEMNITY CO.

Circuit Court of Appeals, Ninth Circuit.

December 6, 1935.

Attorney(s) appearing for the Case

Sullivan, Roche, Johnson & Barry, Theo. J. Roche, Edward I. Barry, and Eustace Cullinan, Jr., all of San Francisco, Cal., for appellants.

A. E. Cooley, Louis V. Crowley, Frederic E. Supple, and Leighton M. Bledsoe, all of San Francisco, Cal., for appellee.

Before WILBUR, MATHEWS, and HANEY, Circuit Judges.

WILBUR, Circuit Judge.

We quote the appellants' brief on rehearing, in which their position is stated as follows: "There is a distinction between the waiver of a warranty concerning past conditions and one concerning the maintenance of future conditions. Federal courts refuse to allow a waiver or estoppel concerning conditions of a policy to be performed or maintained in the future but do permit them as to warranties concerning past conditions. This distinction is...

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