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FIRST NAT. BANK OF WICHITA FALLS v. STATE LIFE INS. CO.

No. 7799.

80 F.2d 499 (1935)

FIRST NAT. BANK OF WICHITA FALLS v. STATE LIFE INS. CO. OF INDIANAPOLIS, IND.

Circuit Court of Appeals, Fifth Circuit.

December 11, 1935.

Attorney(s) appearing for the Case

Tarlton Morrow, of Wichita Falls, Tex., for appellant.

Leslie Humphrey, of Wichita Falls, Tex., for appellee.

Before FOSTER, HUTCHESON, and WALKER, Circuit Judges.

WALKER, Circuit Judge.

The appellant, the substituted beneficiary under two participating policies issued by the appellee, an Indiana corporation, on the life of James E. McKanna, each of those policies being dated January 19, 1926, one of them being No. 325388, and, as it was changed after its issue, for the sum of $16,326, the other, No. 325389, for the sum of $15,000, brought this action against appellee. Appellant's petition contained two counts. It appeared in...

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