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CHASE v. BUSINESS MEN'S ASSUR. CO. OF AMERICA

No. 375.

51 F.2d 34 (1931)

CHASE v. BUSINESS MEN'S ASSUR. CO. OF AMERICA.

Circuit Court of Appeals, Tenth Circuit.

June 18, 1931.

Attorney(s) appearing for the Case

Joseph E. Evans, of Ogden, Utah, for appellant.

Solon T. Gilmore, of Kansas City, Mo. (John Gilmore, of Kansas City, Mo., and Thatcher & Young, of Ogden, Utah, on the brief), for appellee.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

PHILLIPS, Circuit Judge.

This is an action on a policy of health and accident insurance. The amended complaint in part alleged:

"That between June 21, 1929, and July 19, 1929, at Ogden, Utah, said A. Harris Chase was totally and continuously disabled from performing any and every kind of duty pertaining to his occupation, and that on said July 19, 1929, he died, and that said disability and death were caused by typhoid fever which was occasioned by and resulted...

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