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LINCOLN NAT. LIFE INS. CO. v. HAMMER

No. 8623.

41 F.2d 12 (1930)

LINCOLN NAT. LIFE INS. CO. OF FORT WAYNE, IND., v. HAMMER et al.

Circuit Court of Appeals, Eighth Circuit.

April 19, 1930.

Attorney(s) appearing for the Case

Herbert G. Nilles, of Fargo, N. D., and F. B. Shoaff, of Fort Wayne, Ind. (R. F. Baird and Clyde J. Cover, both of Fort Wayne, Ind., and M. W. Murphy and Aubrey Lawrence, both of Fargo, N. D., on the brief), for appellant.

Francis Murphy, of Fargo, N. D. (W. H. Shure, of Fargo, N. D., on the brief), for appellees.

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

As Modified.

VAN VALKENBURGH, Circuit Judge.

Halvor S. Halvorson, a resident and citizen of the state of North Dakota, died intestate on the 24th day of December 1926. Appellee Hammer is administrator of his estate; the remaining appellees are his widow and children. November 24, 1922, appellant, a life insurance company of Fort Wayne, Ind., and a citizen and resident of that state, issued to the deceased a five-year term policy of life insurance by which...

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