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NEW YORK LIFE INS. CO. v. KAUFMAN

No. 7455.

78 F.2d 398 (1935)

NEW YORK LIFE INS. CO. v. KAUFMAN et al. KAUFMAN et al. v. NEW YORK LIFE INS. CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied June 24, 1935.

Attorney(s) appearing for the Case

Alfred J. Smallberg and Robert Kaufman, both of Los Angeles, Cal., for appellant.

Meserve, Mumper, Hughes & Robertson, of Los Angeles, Cal. (E. Avery Crary, of Los Angeles, Cal., of counsel), for appellee.

Arthur Rosenblum and Clore Warne, both of Los Angeles, Cal., amici curiæ.

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

DENMAN, Circuit Judge.

The bill of complaint in this case was brought by the New York Life Insurance Company, a New York corporation, against Louis Y. Kaufman and Anna Kaufman, each alleged to be citizens of California. Two causes of relief are stated. One sought the cancellation of the disability insurance in three policies which insured, in separable agreements, against both the disability of and the death of Louis Kaufman. Kaufman is the beneficiary of the disability...

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