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BACH v. WESTERN STATES LIFE INS. CO.

No. 374.

51 F.2d 191 (1931)

BACH v. WESTERN STATES LIFE INS. CO.

Circuit Court of Appeals, Tenth Circuit.

July 6, 1931.

Attorney(s) appearing for the Case

H. L. Mulliner, of Salt Lake City, Utah, for appellant.

Frank A. Johnson, of Salt Lake City, Utah (Charles C. Dey, A. L. Hoppaugh and Robert E. Mark, all of Salt Lake City, Utah, on the brief), for appellee.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

McDERMOTT, Circuit Judge.

The plaintiff (appellant) was denied recovery on a $5,000 policy of insurance issued on May 10, 1915, on the life of her husband, who died on May 27, 1927. The defense was that the policy lapsed on July 2, 1925. The facts are agreed.

The policy is the ordinary "old-line" life policy, with reserve values. It provides:

"The consideration for this insurance and all benefits hereunder shall be the declarations, answers and agreements...

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