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MILLER v. REPUBLIC NAT. LIFE INS. CO.

No. 84-2565.

789 F.2d 1336 (1986)

Ruth S. MILLER, Plaintiff-Appellant, v. REPUBLIC NATIONAL LIFE INSURANCE COMPANY, a Texas Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted February 24, 1986.

Decided May 14, 1986.

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 GOODWIN, HUG, and REINHARDT, Circuit Judges.

REINHARDT, Circuit Judge:

I. BACKGROUND

This case is before us for the second time. See Miller v. Republic National Life Insurance Co., 714 F.2d 958 (9th Cir.1983) (Miller I).

On November 15, 1977, Fred Miller was solicited by his son Alan, a Republic National Life Insurance agent, to purchase a life insurance policy in the amount of $50,000. On November 21, Fred Miller was examined by a doctor chosen...

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