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EQUITABLE LIFE ASSUR. SOC. v. GUIOU

No. 10726.

86 F.2d 865 (1936)

EQUITABLE LIFE ASSUR. SOC. OF THE UNITED STATES v. GUIOU et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied January 20, 1937.

Attorney(s) appearing for the Case

David A. Fitch, of Omaha, Neb. (Norris Brown and Ralph M. West, both of Omaha, Neb., on the brief), for appellant.

Edgar M. Morsman, III, of Omaha, Neb. (Henry E. Maxwell and Truman W. Morsman, both of Omaha, Neb., on the brief), for appellee Guiou.

Before GARDNER, WOODROUGH, and THOMAS, Circuit Judges.

WOODROUGH, Circuit Judge.

Mrs. Genevieve Baldwin Guiou, named beneficiary in a life insurance policy insuring the life of her son Charles B. Guiou, issued to him by the Equitable Life Assurance Society on July 7, 1934, brought this suit to recover on the policy for the son's death which occurred within the life of the policy on the 8th day of August, 1935. The insurance company defended on the ground of suicide within the following provision of the policy: "Self-destruction...

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