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McFARLIN v. FEDERAL CROP INSURANCE CORPORATION

No. 24615.

438 F.2d 1237 (1971)

Loren McFARLIN, Plaintiff and Appellant, v. FEDERAL CROP INSURANCE CORPORATION, Appellee.

United States Court of Appeals, Ninth Circuit.

March 22, 1971.

Attorney(s) appearing for the Case

Fullerton, Lang & Richert, Fresno, Cal., for appellant.

William D. Ruckelshaus, Asst. Atty. Gen., Alan S. Rosenthal & Raymond D. Battocchi, Attys. Dept. of Justice, Washington, D. C., John P. Hyland, U. S. Atty., Sacramento, Cal., for appellee.

Before CHAMBERS, KOELSCH and BROWNING, Circuit Judges.

PER CURIAM:

The summary judgment of the district court is affirmed on the authority of Federal Crop Insurance Corporation v. Merrill, 332 U.S. 380, 68 S.Ct. 1, 92 L. Ed. 10.

All of the elements for an estoppel between private persons are present. We have spent a lot of time trying to distinguish the Merrill case and have failed. We have to hold the literal terms of the contract apply.

The facts are most aggravating....

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