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ALBRITTON v. ESTATE OF LARSON

No. 793.

428 P.2d 379 (1967)

Donna Lee ALBRITTON and Johnny M. Albritton, Appellants, v. ESTATE of Dean LARSON, Appellee.

Supreme Court of Alaska.

May 26, 1967.

Attorney(s) appearing for the Case

Lloyd I. Hoppner, of Rice & Hoppner, Fairbanks, for appellants.

Edward A. Merdes and Grace Berg Schaible, of Merdes, Schaible, Staley & DeLisio, Fairbanks, for appellee.

Before NESBETT, C.J., and DIMOND and RABINOWITZ, JJ.

OPINION

RABINOWITZ, Justice.

In the court below appellants commenced a personal injury action against appellee, the Estate of Dean Larson. On October 21, 1965, approximately one year after the case was at issue, appellee's counsel filed in the superior court an instrument which was captioned in part "PAYMENT INTO COURT OF POLICY LIMITS AND COSTS TO DATE." Where pertinent, this document reads as follows:

[Appellee] does hereby tender in cash * *...

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