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METROPOLITAN LIFE INS. CO. v. BANION

No. 1444.

86 F.2d 886 (1936)

METROPOLITAN LIFE INS. CO. v. BANION et al.

Circuit Court of Appeals, Tenth Circuit.

December 11, 1936.

Attorney(s) appearing for the Case

William E. Mullen, of Cheyenne, Wyo. (A. R. McMicken, of Rawlins, Wyo., Harry Cole Bates, of New York City, and Edward J. Boughton, of Philadelphia, Pa., on the brief), for appellant.

Marvin L. Bishop, Jr., and W. J. Wehrli, both of Casper, Wyo. (E. E. Enterline, Madge Enterline, and G. R. Hagens, all of Casper, Wyo., on the brief), for appellees.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.

McDERMOTT, Circuit Judge.

On May 4, 1934, appellant issued its life policy for $40,000, with double indemnity for accidental death, to one Sewell Combs, with his wife as beneficiary, containing a two-year incontestable clause.

On June 10, 1934, some one shot and killed Combs, and his wife was arrested for murder, bound over, and committed to jail.

On July 2, 1934, Forrest Banion, appellee, was appointed administrator of Sewell Combs' estate. Combs...

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