LETTIERI v. EQUITABLE LIFE ASSUR. SOC. OF U.S.

No. 78-2571.

627 F.2d 930 (1980)

Becky Lynn LETTIERI, aka Becky Shears Lettieri, Appellant, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 22, 1980.

Rehearing Denied October 2, 1980.


Attorney(s) appearing for the Case

John P. McDonnell, Sullivan & Shane, San Francisco, Cal., for appellant.

Walter R. Allan, San Francisco, Cal., argued, for appellee; Harlan M. Richter, William O. Dillingham, Pillsbury, Madison & Sutro, San Francisco, Cal., on brief.

Before MERRILL, GOODWIN and ANDERSON, Circuit Judges.


GOODWIN, Circuit Judge.

California beneficiaries1 of a life insurance policy appeal a judgment in favor of the insurer. The district court ruled that the substantive law of New York, rather than that of California, governed the questions of the enforceability of the policy. Because the plaintiffs had no legal theory upon which to proceed under New York law, they saved their objection to the choice...

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