ROBERTS v. FIDELITY AND CASUALTY COMPANY OF NEW YORK

No. 25553.

452 F.2d 981 (1971)

Verna ROBERTS, Appellant, v. The FIDELITY AND CASUALTY COMPANY OF NEW YORK, Appellee.

United States Court of Appeals, Ninth Circuit.

December 22, 1971.


Attorney(s) appearing for the Case

William E. Hurley (argued), Donald L. Alderton, of Bernard & Hurley, Portland, Or., for appellant.

Howard M. Feuerstein (argued), Cleveland C. Cory, Don H. Marmaduke, of Davies, Biggs, Strayer, Stoel & Boley, Portland, Or., for appellee.

Before WEICK, HAMLEY and MERRILL, Circuit Judges.


HAMLEY, Circuit Judge:

Verna Roberts, the named beneficiary of a policy of flight insurance purchased by Gladys Pierce from The Fidelity and Casualty Company of New York (Fidelity), brought this Oregon diversity action against Fidelity to recover the fifteen thousand dollar face value of the policy. On facts most of which were agreed to in the pretrial order, the district court entered judgment for Fidelity. Plaintiff appeals. We affirm.

In August, 1968, Gladys...

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