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TENOPIR v. STATE FARM MUTUAL CO.

No. 21769.

403 F.2d 533 (1968)

John TENOPIR, Appellant, v. STATE FARM MUTUAL CO., Appellee.

United States Court of Appeals Ninth Circuit.

November 19, 1968.

Attorney(s) appearing for the Case

Stevens, Savage, Holland & Erwin, Anchorage, Alaska, for appellant.

Burr, Boney & Pease, Anchorage, Alaska, for appellee.

Before KOELSCH and DUNIWAY, Circuit Judges, and FOLEY, District Judge.

DUNIWAY, Circuit Judge:

Tenopir appeals from a judgment of dismissal entered following the granting of a motion to dismiss for failure to state a claim. Jurisdiction is based upon diversity of citizenship and the law of Alaska is applicable.

We state the substance of the allegations of the complaint, which must be taken as true on this appeal. Tenopir, while riding in the back seat of his own car, was seriously injured in an accident while the car was being...

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