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FUNK v. ÆTNA LIFE INS. CO. OF HARTFORD, CONN.

No. 8658.

95 F.2d 38 (1938)

FUNK v. ÆTNA LIFE INS. CO. OF HARTFORD, CONN.

Circuit Court of Appeals, Ninth Circuit.

March 2, 1938.

Attorney(s) appearing for the Case

Charles W. Cradick, of Los Angeles, Cal. (William H. Haupt, of Los Angeles, Cal., of counsel), for appellant.

Gibson, Dunn & Crutcher, Norman S. Sterry, and Philip C. Sterry, all of Los Angeles, Cal. (Ira C. Powers and Frederic H. Sturdy, both of Los Angeles, Cal., of counsel), for appellee.

Before GARRECHT, MATHEWS, and HANEY, Circuit Judges.

GARRECHT, Circuit Judge.

This action was brought by the appellant as beneficiary under an accident policy issued to Ralph B. Funk by the appellee.

The policy contained the standard provisions required by the statutes of the State of California, chapter 614, § 3, Statutes 1917, p. 958. The first of said provisions reads:

"This Policy includes the endorsements and attached papers if any, and contains the...

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