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PIONEER INTERN. HOTEL v. FIRST COLONY LIFE INS. CO.

No. 74-1454.

527 F.2d 200 (1975)

PIONEER INTERNATIONAL HOTEL, Plaintiff-Appellant, v. FIRST COLONY LIFE INSURANCE CO., Defendant-Appellee. The UNION BANK, Plaintiff-Appellant, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant-Appellee. Charles H. WHITEHILL, Plaintiff-Appellant, v. The NEW YORK LIFE INSURANCE CO., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

December 9, 1975.

Attorney(s) appearing for the Case

Paul G. Rees, Jr. (argued), Tucson, Ariz., for plaintiffs-appellants.

Richard M. Bilby (argued), Bilby, Thompson, Shoenhair & Warnock, Tucson, Ariz., Jerome B. Shultz (argued), Fennemore, Craig, VonAmmon & Udall, Phoenix, Ariz., A. O. Johnson (argued), Tucson, Ariz., for defendants-appellees.

Before BARNES and ELY, Circuit Judges, and PALMIERI, District Judge.

OPINION

BARNES, Senior Circuit Judge:

Three separate actions were filed in the United States District Court for the District of Arizona, Tucson Division, seeking to recover death benefits under three separate policies of life insurance. The insured under each of the policies was one Newton S. Pfeffer. All three were subsequently consolidated for trial.

After the close of the defendants' case, the Court entered a finding that there was no issue for...

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