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McCARTHY v. PREFERRED RISK MUTUAL INSURANCE COMPANY

Nos. 24562, 24577.

454 F.2d 393 (1972)

Joyce Ann McCARTHY, a single woman, Appellee, v. PREFERRED RISK MUTUAL INSURANCE COMPANY, an Iowa corporation, Appellant. Joyce Ann McCARTHY, a single woman, Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, Appellant.

United States Court of Appeals, Ninth Circuit.

January 6, 1972.

Attorney(s) appearing for the Case

Ralph E. Hunsaker (argued), of O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, Phoenix, Ariz., for State Farm Mutual Automobile Ins. Co.

Theodore A. Julian (argued), of Pain & Julian, Phoenix, Ariz., Sidney S. Pearce, Jr., of Mehrens & Pearce, Phoenix, Ariz., for Preferred Risk.

Leroy W. Hofmann (argued), Kenneth S. Scoville, Phoenix, Ariz., for appellee.

Before HAMLEY and WRIGHT, Circuit Judges, and KELLEHER, District Judge.

HAMLEY, Circuit Judge:

Joyce Ann McCarthy brought this diversity action against Preferred Risk Mutual Insurance Company (Preferred), and State Farm Mutual Automobile Insurance Company (State Farm) for a declaratory judgment determining that she is entitled to claimed benefits under policies of insurance issued by defendants and for an award of such policy proceeds. The court granted plaintiff's motion for summary judgment and entered a declaratory judgment up to the...

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