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OREGON NAT. LIFE INS. CO. v. SUPERIOR SCH. PHOTO SERV., INC.

No. 26701.

462 F.2d 1235 (1972)

OREGON NATIONAL LIFE INSURANCE CO., Plaintiff-Appellee, v. SUPERIOR SCHOOL PHOTO SERVICE, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 26, 1972.

Attorney(s) appearing for the Case

Jack P. Scholfield (argued), of Guttormsen, Scholfield, Willits & Ager, Seattle, Wash., for defendant-appellant.

Don P. Badgley (argued), M. Bayard Crutcher, of Bogle, Gates, Dobrin, Wakefield & Long, Seattle, Wash., for plaintiff-appellee.

Before HAMLEY, HUFSTEDLER and GOODWIN, Circuit Judges.

ALFRED T. GOODWIN, Circuit Judge:

The beneficiary of a life insurance policy appeals from a summary judgment in favor of the insurance company. We hold that under Washington law questions of fact remained in the case, and that the entry of summary judgment under Fed.R.Civ.P. 56 was error.

Oregon National Life Insurance Company (Oregon) sought a declaratory judgment to invalidate a life insurance policy which it had...

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