STEWART v. AMERICAN LIFE INS. CO.

Nos. 1268, 1269.

85 F.2d 791 (1936)

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

Circuit Court of Appeals, Tenth Circuit.

September 8, 1936.


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.

William C. Michaels, of Kansas City, Mo. (Kenneth E. Midgley, of Kansas City, Mo., Alfred Hurrell and Ralph W. Hyatt, both of Newark, N. J., and Michaels, Blackmar, Newkirk, Eager & Swanson, of Kansas City, Mo., on the brief), for the Prudential Ins. Co. of America, amicus curiae.

Robert Stone, of Topeka, Kan., and James C. Jones, of St. Louis, Mo. (James C. Jones, Jr., of St. Louis, Mo., on the brief), for New York Life Ins. Co. and Central States Life Ins. Co., amici curiae.

C. B. Robbins, Ralph H. Kastner, and Maurice E. Benson, all of Chicago, Ill., for American Life Convention, amicus curiæ.

Before LEWIS, PHILLIPS, and BRATTON, Circuit Judges.


LEWIS, Circuit Judge.

We reversed the decrees entered in favor of appellee in the causes above entitled for the reasons stated in our opinion in 80 F.2d 600. Thereupon appellee applied for rehearings. Other insurance companies asked to intervene in that application as friends of the court, and permission was granted. Through their counsel they, as well as counsel for appellee, have filed briefs, and claimed errors in our reversal...

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