BENEFICIAL LIFE INS. CO. v. KNOBELAUCH

No. 79-3816.

653 F.2d 393 (1981)

BENEFICIAL LIFE INSURANCE COMPANY, Plaintiff-Appellant, v. Douglas KNOBELAUCH, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 10, 1981.


Attorney(s) appearing for the Case

Lew W. Cramer, Argue, Freston, Pearson, Harbison & Myers, Los Angeles, Cal., for plaintiff-appellant.

Charles H. Kanter, Kindel & Anderson, Santa Ana, Cal., for defendant-appellee.

Before GOODWIN and FERGUSON, Circuit Judges, and MURPHY, District Judge.


FERGUSON, Circuit Judge:

Plaintiff Beneficial Life Insurance Company ("Beneficial") appeals the dismissal of its diversity action seeking to recover money paid to a former employee, defendant Knobelauch. The district court dismissed for failure to state a claim upon which relief could be granted. Fed.R.Civ.P. 12(b)(6). As the district court's interpretation of California law conforms to relevant precedent, we affirm.

I. FACTS

In 1975, Beneficial...

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