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LAMAR v. ÆTNA LIFE INS. CO.

No. 1376.

85 F.2d 141 (1936)

LAMAR et al. v. ÆTNA LIFE INS. CO.

Circuit Court of Appeals, Tenth Circuit.

July 24, 1936.

Attorney(s) appearing for the Case

Robert C. Foulston, of Wichita, Kan. (William T. Burris and Charles J. Ribar, both of Pueblo, Colo., on the brief), for appellants.

John P. Akolt, of Denver, Colo. (Elmer L. Brock, E. R. Campbell, Milton Smith, Karl F. Crass, and J. H. Shepherd, all of Denver, Colo., on the brief), for appellee.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.

BRATTON, Circuit Judge.

This is an action to recover on a policy of life insurance issued on the life of Ralph F. Lamar. Plaintiffs are the surviving widow and children of the insured. The facts were detailed in the amended complaint. The policy was dated June 4, 1932, and provided for a monthly premium of $31.30 payable on the fourth day of each succeeding month in advance at the home office of the company or to its authorized agent; and, further, that if any premium...

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