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OSTROFF v. NEW YORK LIFE INS. CO.

No. 9024.

104 F.2d 986 (1939)

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

Circuit Court of Appeals, Ninth Circuit.

Petition for Rehearing Denied July 21, 1939.

As Amended on Denial of Rehearing July 21, 1939.

Attorney(s) appearing for the Case

Halverson & Halverson and George Halverson, all of Los Angeles, Cal., for appellants.

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

Before WILBUR, DENMAN, and HEALY, Circuit Judges.

DENMAN, Circuit Judge.

This is an appeal by Ostroff, insured under a policy of the appellee insurance company, insuring both life and permanent total disability, from a declaratory judgment of the district court in a suit brought by insured against the company.

The insurance company had attempted to rescind the policy as to its disability provisions, and the issues tendered by the prayer for declaratory judgment are: "* * * with respect to the right or power...

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