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WASTUN v. LINCOLN NAT. LIFE INS. CO. OF FT. WAYNE, IND.

No. 7043.

12 F.2d 422 (1926)

WASTUN v. LINCOLN NAT. LIFE INS. CO. OF FT. WAYNE, IND.

Circuit Court of Appeals, Eighth Circuit.

April 2, 1926.

Attorney(s) appearing for the Case

George J. Danforth, of Sioux Falls, S. D. (Edward D. Barron, of Sioux Falls, S. D., on the brief), for plaintiff in error.

Fred B. Shoaff, of Ft. Wayne, Ind. (Charles O. Bailey, John H. Voorhees and Theodore M. Bailey, all of Sioux Falls, S. D., on the brief), for defendant in error.

Before SANBORN, Circuit Judge, and MUNGER and JOHNSON, District Judges.

MUNGER, District Judge.

The plaintiff in error brought suit against the defendant in error to recover upon a policy of insurance issued by the defendant in error upon the joint lives of the plaintiff in error and her husband, Cornelius O. Wastun, payable to the survivor upon the death of either of the insured persons. The action was dismissed, and this error proceeding is brought to review the judgment of dismissal. The question presented is whether the policy was...

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