SCHIEL v. NEW YORK LIFE INS. CO.

No. 12250.

178 F.2d 729 (1949)

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

United States Court of Appeals Ninth Circuit.

Rehearing Denied January 23, 1950.


Attorney(s) appearing for the Case

Crawford & Baker, A. M. Crawford, A. G. Baker, Prescott, Ariz., for appellants.

Evans, Hull, Kitchel & Jenckes, Joseph S. Jenckes, Jr., Phoenix, Ariz., for appellee.

Before HEALY, BONE, and ORR, Circuit Judges.


HEALY, Circuit Judge.

This is an appeal by the beneficiaries of a life insurance policy from a judgment reforming the policy and from a summary judgment in favor of the insurance company terminating the litigation.

The first question to be noticed is whether, as the insurer claims, this court lacks jurisdiction of the appeal insofar as it relates to the decree of reformation. The contention is that the decree was final under Rule 54(b), Federal Rules of Civil...

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