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ALEKSICH v. MUTUAL BENEFIT HEALTH & ACCIDENT ASSOCIATION

No. 11457.

166 F.2d 433 (1947)

Alva ALEKSICH, as Administratrix of Estate of Jakor Aleksich, Deceased, Appellant, v. MUTUAL BENEFIT HEALTH & ACCIDENT ASSOCIATION, a Corporation, Appellee.

Circuit Court of Appeals, Ninth Circuit.

April 23, 1947.

Attorney(s) appearing for the Case

Lowndes Maury and A. G. Shone, both of Butte, Mont., for appellant.

William Meyer and James A. Poore, Jr., both of Butte, Mont., for appellee.

Before GARRECHT, MATHEWS, and BONE, Circuit Judges.

PER CURIAM.

In our view the Supreme Court of the State of Montana, 164 P.2d 372, 162 A.L.R. 263, has interpreted and given such construction of this contract that under the rule in Erie R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188, 114 A.L.R. 1487, we are required to affirm...

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