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ALLYN v. PENN MUT. LIFE INS. CO.

No. 8955.

100 F.2d 869 (1938)

ALLYN et al. v. PENN MUT. LIFE INS. CO. OF PHILADELPHIA.

Circuit Court of Appeals, Ninth Circuit.

December 30, 1938.

Attorney(s) appearing for the Case

Irvine P. Aten and M. G. Gallaher, both of Fresno, Cal., for appellants.

W. M. Conley, Philip Conley, and Matthew Conley, all of Fresno, Cal., for appellee.

Before WILBUR and MATHEWS, Circuit Judges.

WILBUR, Circuit Judge.

The appellee brought an action for a declaratory judgment to have its obligations determined under a life insurance policy, No. 1,714,176, issued October 28, 1932, for $3300 upon the life of Arthur Allyn. The premium was $28.48 each quarter payable on the 18th of January, April, July and October. Policy years were to be computed from October 18, 1932. It is undisputed that the premiums were paid to and including April 1934 although two of the...

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