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PYRAMID LIFE INS. CO. v. SELKIRK

No. 7676.

80 F.2d 553 (1936)

PYRAMID LIFE INS. CO. v. SELKIRK.

Circuit Court of Appeals, Fifth Circuit.

January 3, 1936.

Attorney(s) appearing for the Case

A. V. Knight, of San Antonio, Tex., for appellant.

C. W. Trueheart, of San Antonio, Tex., for appellee.

Before FOSTER and SIBLEY, Circuit Judges, and STRUM, District Judge.

STRUM, District Judge.

This is a suit in equity seeking, besides incidental relief, cancellation of the disability benefit provisions of a combination policy of life and disability insurance issued by Kansas Life Insurance Company to Wyatt Owen Selkirk. Motion to dismiss the bill was sustained upon the ground that the hereinafter quoted incontestability clause bars the suit. From final judgment thereon this appeal is taken.

Appellant, plaintiff below, asserts...

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