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PROVIDENT SECURITY LIFE INSURANCE COMPANY v. GORSUCH

No. 18307.

323 F.2d 839 (1963)

PROVIDENT SECURITY LIFE INSURANCE COMPANY, Appellant, v. John S. GORSUCH, Appellee.

United States Court of Appeals Ninth Circuit.

October 1, 1963.

Attorney(s) appearing for the Case

Elsing & Crable, W. T. Elsing, and Francis R. Crable, Phoenix, Ariz., for appellant.

W. Lee McLane, Jr. and Nola McLane, Phoenix, Ariz., for appellee.

Before BARNES, HAMLEY and JERTBERG, Circuit Judges.

HAMLEY, Circuit Judge.

John S. Gorsuch, a stockholder in United Security Life (United), brought this action to have declared void a merger agreement entered into between United and Provident Security Life Insurance Company (Provident). District court jurisdiction is based on diversity of citizenship. Judgment was entered for plaintiff and defendant, Provident, appeals.

Gorsuch first attacked the validity of this merger during the course of the appeal to this...

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