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HANNEY v. FRANKLIN FIRE INS. CO. OF PHILADELPHIA

No. 10647.

142 F.2d 864 (1944)

HANNEY et al. v. FRANKLIN FIRE INS. CO. OF PHILADELPHIA.

Circuit Court of Appeals, Ninth Circuit.

May 24, 1944.

Attorney(s) appearing for the Case

C. E. H. Maloy, of Seattle, Wash., for appellants.

Lane Summers, Matthew Stafford, and Hayden, Merritt, Summers & Bucey, all of Seattle, Wash., for appellee.

Before STEPHENS and HEALY, Circuit Judges, and FEE, District Judge.

HEALY, Circuit Judge.

Appellants sued in the district court to recover for a loss upon a policy of insurance issued by appellee. Their amended complaint contained two counts the first of which attempted to state a claim on the policy as written. The second sought reformation. The court granted appellee's motion to dismiss the first count on the ground of its failure to state a claim upon which relief can be granted. A judgment...

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