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SHIRA v. NEW YORK LIFE INS. CO.

No. 1534.

90 F.2d 953 (1937)

SHIRA et al. v. NEW YORK LIFE INS. CO.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied August 18, 1937.

Attorney(s) appearing for the Case

Ruben M. Roddie, of Oklahoma City, Okl. (A. L. Beckett, of Oklahoma City, Okl., on the brief), for appellants.

W. F. Wilson, of Oklahoma City, Okl. (W. F. Wilson, Jr., of Oklahoma City, Okl., and Louis H. Cooke, of New York City, on the brief), for appellee.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

PHILLIPS, Circuit Judge.

Gladys D. Shira, individually and as administratrix with the will annexed of the estate of Samuel F. Shira, brought this action against the New York Life Insurance Company on a policy of life insurance issued on the life of Samuel F. Shira.

Trial by jury was duly waived and the cause tried to the court. From a judgment for the Life Insurance Company, plaintiffs have appealed.

At the close of the evidence, the court made a general...

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