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SOLOMON v. NORTH AMERICAN LIFE AND CAS. INS. CO.

No. 97-55216.

151 F.3d 1132 (1998)

Carol Jan SOLOMON, personal representative of the Estate of Vincent G. Solomon, Plaintiff-Appellant, v. NORTH AMERICAN LIFE AND CASUALTY INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Memorandum Decided June 29, 1998.

Order and Opinion Decided August 11, 1998.

Attorney(s) appearing for the Case

Sherril Nell Babcock, Gianelli & Morris, Los Angeles, California, for plaintiff-appellant.

James R. Willcox, Thelen, Marrin, Johnson & Bridges, San Francisco, California, for defendant-appellee.

Before: FLETCHER, D.W. NELSON, and SILVERMAN, Circuit Judges.

ORDER

The Memorandum disposition filed June 29, 1998 is redesignated as an authored Opinion by Judge Silverman, with minor modifications.

OPINION

SILVERMAN, Circuit Judge:

Vincent G. Solomon ("Solomon"), the original appellant in this matter, died during the pendency of this appeal. By separate order, this Court has substituted as appellant Solomon's mother, Carol Solomon, personal representative of her son's estate. This appeal arises...

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