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STEWART v. AMERICAN LIFE INS. CO.

Nos. 1268, 1269.

80 F.2d 600 (1935)

STEWART et al. v. AMERICAN LIFE INS. CO. (two cases).

Circuit Court of Appeals, Tenth Circuit.

December 16, 1935.

Attorney(s) appearing for the Case

Chas. G. Yankey, of Wichita, Kan. (William Keith, Harvey C. Osborne, John G. Sears, Jr., and Verne M. Laing, all of Wichita, Kan., on the brief), for appellants.

Henry V. Gott, of Wichita, Kan. (Jos. G. Carey and Vermilion, Evans, Carey & Lilleston, all of Wichita, Kan., on the brief), for appellee.

Before LEWIS, PHILLIPS, and BRATTON, Circuit Judges.

PHILLIPS, Circuit Judge.

On February 23, 1932, the American Life Insurance Company issued two policies of insurance on the life of Reese Smith Stewart. Each contains the following incontestable clauses:

"This policy shall be incontestable, except for non-payment of the premium, after one year from its date of issue if the Insured be then living, otherwise after two years from its date of issue. * * *"

Stewart...

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