Aetna Insurance Company, a Corporation, Plaintiff-appellant, v. Lorraine Marie Monte, Etc., and Ann Louise Rinehold, Etc.,defendants-appellees, 438 F.2d 529 (9th Cir. 1971)
Annotate this CaseJohn K. Stewart, San Francisco, Cal. (argued), J. D. Burdick, of Carroll, Davis, Burdick & McDonough, San Francisco, Cal., for appellant.
Harold T. Faaland, of Wool, Richardson, Colbert & Shea, San Jose, Cal., for appellees.
Before DUNIWAY and CARTER, Circuit Judges, and GRAY, District Judge.1
ORDER
This case is controlled by California state law. On the basis of the following cases, decided after the decision below-- viz., Herzog v. National American Ins. Co. (1970) 2 Cal. 3d 192, 84 Cal. Rptr. 705, 465 P.2d 841; Huggins v. Yoshiwara (1970) 2 Cal. 3d 200, 84 Cal. Rptr. 709, 465 P.2d 845, and State Farm Mutual Automobile Ins. Co. v. Allstate Ins. Co. (1970) 9 Cal. App. 3d 508, 88 Cal. Rptr. 246.
It is ordered that the judgment is reversed and the case remanded with instructions to the district court to enter a judgment in favor of appellant.
Honorable William P. Gray, United States District Judge, Central District of California
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