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HUTCHINS v. PACIFIC MUT. LIFE INS. CO. OF CALIFORNIA

No. 1174.

20 F.Supp. 150 (1937)

HUTCHINS v. PACIFIC MUT. LIFE INS. CO. OF CALIFORNIA et al.

District Court, S. D. California, Central Division.

July 22, 1937.

Attorney(s) appearing for the Case

McAdoo, Neblett & Warner, of Los Angeles, Cal., for complainant.

U.S. Webb, Atty. Gen. of California, for the State of California.

U. S. Webb, Atty. Gen. of California, and John L. Flynn, Deputy Atty. Gen., for respondent Samuel L. Carpenter, Jr., Insurance Com'r of California.

Mitchel, Silberberg, Roth & Knupp, of Los Angeles, Cal., for respondent Pacific Mut. Life Ins. Co. of California, by Samuel L. Carpenter, Jr., as liquidator.

Asa V. Call, T. B. Cosgrove, F. J. O'Neil, John N. Cramer, and Overton, Lyman & Plumb, of Los Angeles, Cal., for respondents Pacific Mut. Life Ins. Co. of California and its respective directors.

ROCHE, District Judge.

In this equitable proceeding, complainant desires the court to order the Pacific Mutual Life Insurance Company and others to reconvey $215,000,000 of assets to the Pacific Mutual Life Insurance Company of California. An accounting and appointment of a receiver is requested also.

Respondent Carpenter is the Insurance Commissioner of California. Section 1011 of the Insurance Code of California (St. Cal.1935, p. 540) requires the Commissioner...

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