MOSER v. NEW YORK LIFE INS. CO.

No. 10925.

151 F.2d 396 (1945)

MOSER v. NEW YORK LIFE INS. CO.

Circuit Court of Appeals, Ninth Circuit.

October 25, 1945.


Attorney(s) appearing for the Case

Clarence J. Coleman and J. C. Bolinger, both of Everett, Wash., and Welts & Welts, of Mt. Vernon, Wash., for appellant.

Raymond G. Wright, Clarence R. Innis, and Arthur E. Simon, all of Seattle, Wash., for appellee.

Before DENMAN, STEPHENS, and BONE, Circuit Judges.


DENMAN, Circuit Judge.

Plaintiff and appellant F. C. Moser, formerly an insurance agent for defendant and appellee New York Life Insurance Company, here appeals from the order and judgment of the district court granting a motion to dismiss appellant's action for fraud in inducing him to exchange one contract with appellee for another based upon a different system of compensation.

The motion to dismiss was based upon the contentions (1) that appellant failed...

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