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ORDER OF UNITED COMMERCIAL TRAVELERS v. TRIPP

No. 700.

63 F.2d 37 (1933)

ORDER OF UNITED COMMERCIAL TRAVELERS OF AMERICA v. TRIPP.

Circuit Court of Appeals, Tenth Circuit.

January 14, 1933.

Attorney(s) appearing for the Case

Benjamin Griffith, of Denver, Colo. (Archibald A. Lee, of Denver, Colo., and E. W. Dillon, of Columbus, Ohio, on the brief), for appellant.

Cecil M. Draper, of Denver, Colo. (F. Randall Olmsted, of Denver, Colo., on the brief), for appellee.

Before LEWIS and McDERMOTT, Circuit Judges, and POLLOCK, District Judge.

McDERMOTT, Circuit Judge.

Appellant issued an insurance certificate to Philip Tripp, the husband of appellee, by the terms of which it agreed to pay to appellee $6,300 in event of the accidental death of her husband. Tripp was killed in an automobile accident; appellant declined to pay, and this action followed. The defense is founded upon a section of the constitution and by-laws of the order, incorporated in the insurance certificate by reference, which provides...

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