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CHALE v. ALLSTATE LIFE INSURANCE COMPANY

Nos. 02-35665, 02-35701.

353 F.3d 742 (2003)

Luanne Kenna Chale, Plaintiff-Appellant, v. Allstate Life Insurance Company, an Illinois corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 23, 2003.

Attorney(s) appearing for the Case

Jeffrey M. Batchelor, Lisa A. Kaner, and Paul Bierly, Markowitz, Herbold, Glade & Mehlhaf, P.C., Portland, Oregon; Jeffrey Mutnick, Landye Bennett Blumstein LLP, Portland, Oregon, for the plaintiff-appellant.

Lisa E. Lear, Douglas G. Houser, and Robert B. Miller, Bullivant Houser Bailey P.C., Portland, Oregon, for the defendant-appellee.

Before Dorothy W. NELSON, Alex KOZINSKI, and M. Margaret McKEOWN, Circuit Judges.

Argued and Submitted October 8, 2003 — Seattle, Washington.

OPINION

McKEOWN, Circuit Judge:

In response to a query about why he wanted to climb the world's tallest mountain, British explorer George Mallory responded, "Because it is there."1 As Mallory and others have learned, the lure and mystique of mountain climbing are not without risk of injury, including death. The controversy in this case is whether a climbing...

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