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NEW YORK LIFE INS. CO. v. GRIFFITH

No. 65.

35 F.2d 945 (1929)

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

Circuit Court of Appeals, Tenth Circuit.

October 29, 1929.

Attorney(s) appearing for the Case

William C. Michaels, of Kansas City, Mo. (Robert Stone, of Topeka, Kan., Louis H. Cooke, of New York City, Meservey, Michaels, Blackmar, Newkirk & Eager, of Kansas City, Mo., and Stone, McClure, Webb & Johnson, of Topeka, Kan., were with him on the brief), for appellant.

Ralph T. O'Neil, of Topeka, Kan. (J. D. M. Hamilton, of Topeka, Kan., was with him on the brief), for appellees.

Before LEWIS, COTTERAL, and PHILLIPS, Circuit Judges.

COTTERAL, Circuit Judge.

The appellant insurance company filed a bill seeking cancellation of a policy of life and disability insurance issued of date July 15, 1924, to Raymond K. Cave, the assured, and naming his mother, Stella Cave, as beneficiary. Summons was served on both defendants. She filed an answer and cross-bill, purporting to be in behalf of both defendants, in which she resisted cancellation of the policy, and prayed judgment for disability of the assured...

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