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EXCHANGE TRUST CO. v. CAPITOL LIFE INS. CO.

No. 339.

49 F.2d 133 (1931)

EXCHANGE TRUST CO. v. CAPITOL LIFE INS. CO.

Circuit Court of Appeals, Tenth Circuit.

April 13, 1931.

Attorney(s) appearing for the Case

Edward P. Marshall, of Tulsa, Okl. (C. Guy Cutlip and Thomas J. Horsley, both of Wewoka, Okl., and F. A. Bodovitz, of Tulsa, Okl., on the brief), for appellant.

A. A. Davidson, of Tulsa, Okl. (Wm. E. Hutton, of Denver, Colo., and West, Gibson, Sherman, Davidson & Hull, of Tulsa, Okl., on the brief), for appellee.

Before COTTERAL, PHILLIPS, and McDERMOTT, Circuit Judges.

COTTERAL, Circuit Judge.

The Exchange Trust Company, executor of the estate of J. Coody Johnson, deceased, appeals from a judgment which denied a recovery in a suit it brought upon a life insurance policy issued to the decedent by the Capitol Life Insurance Company of Denver, Colo.

The policy was issued on September 11, 1925, insuring the life of Johnson, for $50,000, inuring to his estate, in consideration of an annual premium of $4,305.50. He died on February...

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