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MILLER v. REPUBLIC NAT. LIFE INS. CO.

No. 82-4549.

714 F.2d 958 (1983)

Ruth S. MILLER, Plaintiff/Appellant, v. REPUBLIC NATIONAL LIFE INSURANCE COMPANY, Defendant/Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 1, 1983.

Attorney(s) appearing for the Case

Melvyn D. Silver, Suden & Silver, San Jose, Cal., for plaintiff/appellant.

John L. Boos, Pettit & Martin, San Francisco, Cal., for defendant/appellee.

Before MERRILL, FLETCHER, and PREGERSON, Circuit Judges.

PREGERSON, Circuit Judge:

Appellant Ruth S. Miller appeals from an order granting summary judgment in favor of Appellee Republic National Life Insurance Co. (Republic). Miller contends that Republic improperly denied her deceased husband's application for life insurance based on a condition that was not known to exist at the time the application was submitted and the premium fully paid. Because certain genuine issues of material...

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