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

No. 7796.

78 F.2d 396 (1935)

MUTUAL LIFE INS. CO. OF NEW YORK v. MARKOWITZ et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied June 24, 1935.

Attorney(s) appearing for the Case

Frederick L. Allen, of New York City, F. Eldred Boland, and Knight, Boland & Riordan, all of San Francisco, Cal., and J. R. Girling, and O'Melveny, Tuller & Myers, all of Los Angeles, Cal., for appellant.

Arthur Rosenblum, of Los Angeles, Cal., for appellee.

Before WILBUR and DENMAN, Circuit Judges, and LOUDERBACK, District Judge.

DENMAN, Circuit Judge.

This appeal is from a decree dismissing a bill of complaint without leave to amend. The bill alleging the jurisdictional requirement as to the amount involved was brought by appellant, a New York corporation, against appellee, a California citizen. It alleges in effect two causes of action. The first is for the rescission of the provisions of a policy agreeing to pay the insured beneficiary certain monthly...

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