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McMULLEN v. TRAVELERS INSURANCE COMPANY

No. 16544.

278 F.2d 834 (1960)

Leonard J. McMULLEN, Appellant, v. TRAVELERS INSURANCE COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

May 9, 1960.

Attorney(s) appearing for the Case

Leonard J. McMullen, Los Angeles, Cal., for appellant.

Chase, Rotchford, Downen, & Drukker, Louis E. Abbott, Los Angeles, Cal., for appellee.

Before STEPHENS, CHAMBERS and MERRILL, Circuit Judges.

PER CURIAM.

In this diversity action, summary judgment was entered against McMullen because he failed to submit himself to a physical examination pursuant to an order obtained by Travelers. He appeals.

McMullen's suit was on an insurance contract of Travelers in connection with his claim of total disability. Issues were joined on liability, the main one being: Is McMullen disabled?

Travelers' order for McMullen to submit to the examination was obtained...

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