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SMITH BROS. PROPERTIES CO. v. ÆTNA LIFE INS. CO.

Nos. 6697, 6698.

62 F.2d 43 (1932)

SMITH BROS. PROPERTIES CO. v. ÆTNA LIFE INS. CO. A. B. FRANK CO. v. SAME.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 10, 1933.

Attorney(s) appearing for the Case

In case No. 6697:

J. D. Dodson and W. F. Ezell, both of San Antonio, Tex., for appellant.

R. J. Boyle and J. D. Wheeler, both of San Antonio, Tex., for appellee.

In case No. 6698:

J. D. Dodson and W. F. Ezell, both of San Antonio, Tex., for appellant.

S. J. Brooks, of San Antonio, Tex., for appellee.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.

BRYAN, Circuit Judge.

These appeals, based as they are upon similar questions of fact and of law, may be disposed of in one opinion.

The Ætna Life Insurance Company issued two policies insuring the life of John Henry Smith; one dated June 28, 1929, for $130,500, naming Smith Brothers Properties Company as beneficiary, and the other dated June 12, 1929, for $19,500, naming the A. B. Frank Company as beneficiary. Each policy contained a two-year incontestable...

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