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NEW YORK LIFE INS. CO. v. HURT

Nos. 8028, 8029.

35 F.2d 92 (1929)

NEW YORK LIFE INS. CO. v. HURT et al.

Circuit Court of Appeals, Eighth Circuit.

September 30, 1929.

Attorney(s) appearing for the Case

William C. Michaels, of Kansas City, Mo. (Louis H. Cooke, of New York City, Henry I. Eager and C. A. Randolph, both of Kansas City, Mo., Richard E. Bird, of Wichita, Kan., and Meservey, Michaels, Blackmar, Newkirk & Eager, of Kansas City, Mo., on the brief), for appellant and plaintiff in error.

Arnold C. Todd, of Wichita, Kan. (Hal M. Black, of Wichita, Kan., on the brief), for appellees and defendants in error.

Before STONE and VAN VALKENBURGH, Circuit Judges, and PHILLIPS, District Judge.

STONE, Circuit Judge.

April 28, 1924, the New York Life Insurance Company, appellant and plaintiff in error, issued a policy upon the life of Clayton L. Andrews payable "to the Executors, Administrators or assigns of the insured or to the duly designated beneficiary" (no other beneficiary was designated). May 6, 1924, Andrews assigned, in writing, to Robert W. Hurt and Elmer R. Hurt, appellees and defendants in error, all benefits thereunder, and duplicate thereof...

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