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CALLEN v. MASSACHUSETTS PROTECTIVE ASS'N

No. 7658.

24 F.2d 694 (1928)

CALLEN v. MASSACHUSETTS PROTECTIVE ASS'N, Inc.

Circuit Court of Appeals, Eighth Circuit.

February 8, 1928.

Attorney(s) appearing for the Case

George Siefkin, of Wichita, Kan. (Robert C. Foulston, W. E. Holmes, D. W. Eaton, Sidney L. Foulston, and Lester L. Morris, all of Wichita, Kan., on the brief), for plaintiff in error.

Joseph G. Carey, of Wichita, Kan. (R. R. Vermilion, Earle W. Evans, and W. F. Lilleston, all of Wichita, Kan., on the brief), for defendant in error.

Before VAN VALKENBURGH, Circuit Judge, and REEVES, and OTIS, District Judges.

REEVES, District Judge.

From the action of the trial court in sustaining a demurrer to her petition, plaintiff sued out a writ of error. The parties will be referred to in this opinion as plaintiff and defendant, respectively. Such were the designations in the trial court.

The averments of the petition show that the plaintiff was the beneficiary in a policy of accident insurance, dated April 5, 1921, insuring plaintiff's husband, Rolland C. Callen, "against...

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