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UNITED AMERICAN LIFE INSURANCE COMPANY v. PERILLO

No. 25676.

462 F.2d 254 (1972)

UNITED AMERICAN LIFE INSURANCE COMPANY, a Colorado corporation, Plaintiff-Appellee, v. F. J. PERILLO and Ruth E. Perillo, husband and wife, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 24, 1972.

Attorney(s) appearing for the Case

Sidney Weissberger, Tucson, Ariz., Raymond F. Hayes, of Johnson, Darrow, Hayes & Morales, Tucson, Ariz., for defendants-appellants.

Adolph O. Johnson, G. Marshall Jones, of Holesapple, Conner, Jones, McFall & Johnson, Tucson, Ariz., for plaintiff-appellee.

Before WRIGHT and TRASK, Circuit Judges, and BYRNE, Sr., District Judge.

TRASK, Circuit Judge:

This is an appeal from an order of the district court awarding the plaintiff a money judgment. The district court had jurisdiction of the action under 28 U.S.C. § 1332 (Diversity of Citizenship), the action being between the plaintiff, a citizen of Colorado, and the defendants, citizens of states other than Colorado, and involving a sum exceeding $10,000. This court has jurisdiction of the appeal under 28 U.S.C. § 1291.

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