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INTER-OCEAN CASUALTY CO. v. PRESLAR

No. 9963.

127 F.2d 581 (1942)

INTER-OCEAN CASUALTY CO. v. PRESLAR.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied May 28, 1942.

Attorney(s) appearing for the Case

Hoge, Pelton & Gunther, of San Francisco, Cal. (A. Dal. Thomson, of San Francisco, Cal., of counsel), for appellant.

S. T. Hogevoll and William A. Lahanier both of San Francisco, Cal., for appellee.

Before GARRECHT, HANEY, and HEALY, Circuit Judges.

HANEY, Circuit Judge.

Appellee recovered on an accident insurance policy issued to him by appellant. Appellant, by this appeal seeks to set aside the judgment.

Appellee testified that one Coleman had talked to him several times concerning accident insurance, and that on January 9, 1939, he paid Coleman $5.10 for the first month's premium on a policy; that Coleman then gave him a receipt like the one hereafter mentioned; that he signed an application, and Coleman...

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