ROSENBAUM v. FUNCANNON

No. 17626.

308 F.2d 680 (1962)

Pauline ROSENBAUM, Appellant, v. John FUNCANNON, as Administrator of the Estate of Martha A. Call, deceased, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied November 13, 1962.


Attorney(s) appearing for the Case

Tobin & Tobin, and John J. Ford, III, San Francisco, Cal., for appellant.

Howard B. Crittenden, Jr., and Thomas J. Barfield, San Francisco, Cal., for appellee.

Before HAMLEY and JERTBERG, Circuit Judges, and PLUMMER, District Judge.


JERTBERG, Circuit Judge.

The sole issue presented by this appeal is whether the proceeds of a fire insurance policy are payable to appellant, who was the owner of a note secured by deed of trust on real property improved by a three-story frame building at the time that fire destroyed the building, or to the appellee, who was the owner of said property subject to the deed of trust at said time.

Jurisdiction of the District Court was based upon diversity of...

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